{"rows":20,"os":"0","page":"1","total":"12","procnotices":[{"id":"OP00463607","notice_type":"Invitation for Bids","noticedate":"19-Aug-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-10-23T00:00:00Z","submission_deadline_time":"11:00","project_ctry_name":"Eswatini","project_id":"P508960","project_name":"Accelerating Sustainable and Clean Energy Access Transformation in Eswatini","bid_reference_no":"SZ-ECC-561950-CW-RFB","bid_description":"Design, Supply and Installation of 11kV Auto Reclosers (Plant)","procurement_group":"CW","procurement_method_code":"RFB","procurement_method_name":"Request for Bids","contact_address":"P.O. 258 , Eluvatsini House, Mhlambanyatsi Road\nH100, Mbabane\nEswatini","contact_ctry_name":"Eswatini","contact_email":"thobeka.gama@eec.co.sz","contact_name":"Thobeka Gama","contact_organization":"Eswatini Electricity Company","contact_phone_no":"26878332239","submission_date":"2026-08-19T00:00:00Z","notice_text":"

Request for Bids

Plant


Design, Supply, and Installation

Two-envelope with Rated Criteria

 

 

 

                                         RFB No: SZ-ECC-561950-CW-RFB

 

 

 

 

 

 

 

 

 

 March 2025

 

 

 

 

 

 

Request for Bids

Eswatini Electricity Company

 

Procurement of

Design, Supply and Installation of 11kV Auto reclosers (Plant)

For the

Accelerating Sustainable and Clean Energy Access Transformation in Eswatini

Project ID No: P508960

Employer: Eswatini Electricity Company

Project: Accelerating Sustainable and Clean Energy Access Transformation - Eswatini

Contract title: Design, Supply and Installation of 11kV Auto reclosers (Plant)

Country: Kingdom of Eswatini

Loan No. /Credit No. / Grant No.: 7700-SZ

RFB No: SZ-ECC-561950-CW-RFB

Issued on: 19 August 2026

 

 

Standard Procurement Document

 

Table of Contents

 

PART 1 – Bidding Procedures. 3

Section I - Instructions to Bidders. 5

Section II - Bid Data Sheet 39

Section III - Evaluation and Qualification Criteria (After prequalification) 49

Section III - Evaluation and Qualification Criteria (Without prequalification) 59

Section IV - Bidding Forms. 77

Section V - Eligible Countries. 151

Section VI - Fraud and Corruption. 153

PART 2 - Employer’s Requirements. 157

Section VII - Employer’s Requirements. 159

PART 3 – Conditions of Contract and Contract Forms. 189

Section VIII - General Conditions of Contract 191

Section IX - Particular Conditions of Contract 291

Section X - Contract Forms. 297

 

 

 

PART 1 – Bidding Procedures

 

 

Section I - Instructions to Bidders

 

Contents

A.        General 8

1.      Scope of Bid. 8

2.      Source of Funds. 9

3.      Fraud and Corruption. 9

4.      Eligible Bidders. 9

5.      Eligible Plant and Installation Services. 12

B.        Contents of Bidding Document 12

6.      Sections of  Bidding Document 12

7.      Clarification of Bidding Document, Site Visit, Pre-Bid Meeting. 13

8.      Amendment of Bidding Document 15

C.        Preparation of Bids. 15

9.      Cost of Bidding. 15

10.    Language of Bid. 15

11.    Documents Comprising the Bid. 15

12.    Letters of Bid and Price Schedules. 17

13.    Alternative Bids. 17

14.    Documents Establishing the Eligibility of the Plant and Installation Services. 17

15.    Documents Establishing the Eligibility and Qualifications of the Bidder 17

16.    Documents Establishing the Conformity of the Plant and  Installation Services. 18

17.    Bid Prices and Discounts. 18

18.    Currencies of Bid and Payment 21

19.    Period of Validity of Bids. 21

20.    Bid Security. 22

21.    Format and Signing of Bid. 24

D.        Submission of Bids. 24

22.    Submission, Sealing and Marking of Bids. 24

23.    Deadline for Submission of Bids. 25

24.    Late Bids. 25

25.    Withdrawal, Substitution, and Modification of Bids. 25

E.        Public Opening of Technical Parts of Bids. 26

26.    Public Opening of Technical Parts of Bids. 26

F.         Evaluation of Bids- General Provisions. 27

27.    Confidentiality. 27

28.    Clarification of Bids. 28

29.    Deviations, Reservations, and Omissions. 28

G.        Evaluation of Technical Part of Bids. 29

30.    Determination of Responsiveness of Technical Part 29

31.    Eligibility and Qualifications of the Bidder 29

32.    Detailed Evaluation of Technical Part 30

H.        Notification of Evaluation of Technical Parts and Public Opening of Financial Parts. 30

33.    Notification of Evaluation of Technical Parts and Public Opening of Financial Parts. 30

I.         Evaluation of Financial Part of Bids. 32

34.    Adjustments for Non-material Noconformities. 32

35.    Correction of Arithmetic Errors. 32

36.    Evaluation Process, Financial Part 32

37.    Abnormally Low Bids. 33

38.    Unbalanced or Front Loaded Bids. 33

J.         Evaluation of Combined Technical and Financial Parts, Most Advantageous Bid and Notification of Intention to Award. 34

39.    Evaluation of combined Technical and Financial Parts, Most Advantageous Bid. 34

40.    Employer’s right to Accept Any Bid and to Reject Any or All Bids. 34

41.    Standstill Period. 35

42.    Notification of Intention to Award. 35

K.        Award of Contract 35

43.    Award Criteria. 35

44.    Notification of Award. 35

45.    Debriefing by the Employer 36

46.    Signing of Contract 37

47.    Performance Security. 37

48.    Procurement Related Complaint 38

 

 

 

Section I - Instructions to Bidders

 

  1. General

 

  1. Scope of Bid
    1. In connection with the Specific Procurement Notice - Request for Bids (RFB), specified in the Bid Data Sheet (BDS), the Employer, as specified in the BDS, issues this bidding document for the Design, Supply and Installation of Plant as specified in Section VII, Employer’s Requirements. The name, identification, and number of lots (contracts) of this RFB are specified in the BDS.
    2. Throughout this bidding document:
  2. the term “in writing” means communicated in written form (e.g., by mail, e-mail, fax, including if specified in the BDS, distributed or received through the electronic-procurement system used by the Employer) with proof of receipt;
  3. if the context so requires, “singular” means “plural” and vice versa;
  4. “Day” means calendar day, unless otherwise specified as “Business Day.” A Business Day is any day that is an official working day of the Borrower. It excludes the Borrower’s official public holidays;
  5.  “ES” means environmental and social (including Sexual Exploitation and Abuse (SEA), and Sexual Harassment (SH));
  6. “Sexual Exploitation and Abuse” “(SEA)” means the following:

Sexual Exploitation is defined as any actual or attempted abuse of position of vulnerability, differential power or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another.  

Sexual Abuse is defined as the actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions.

  1. “Sexual Harassment” “(SH)” is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature by the Contractor’s Personnel with other Contractor’s or Employer’s Personnel.
  2. “Contractor’s Personnel” is as defined in GCC Sub-Clause 1; and
  3. “Employer’s Personnel” is as defined in GCC Sub-Clause 1.

A non-exhaustive list of (i) behaviors which constitute SEA and (ii) behaviors which constitute SH is attached to the Code of Conduct form in Section IV.

 

 

 

  1. Source of Funds
    1. The Borrower or Recipient (hereinafter called “Borrower”) indicated in the BDS has applied for or received financing (hereinafter called “funds”) from the World Bank (hereinafter called “the Bank”) in an amount specified in BDS, toward the project named in BDS.  The Borrower intends to apply a portion of the funds to eligible payments under the contract(s) for which this bidding document is issued.
    2. Payment by the Bank will be made only at the request of the Borrower and upon approval by the Bank in accordance with the terms and conditions of the Loan (or other financing) Agreement. The Loan (or other financing) Agreement prohibits a withdrawal from the loan account for the purpose of any payment to persons or entities, or for any import of goods, equipment, plant, or materials, if such payment or import is prohibited by a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations. No party other than the Borrower shall derive any rights from the Loan (or other financing) Agreement or have any claim to the proceeds of the Loan (or other financing).

 

 

 

  1. Fraud and Corruption
    1. The Bank requires compliance with the Bank’s Anti-Corruption Guidelines and its prevailing sanctions policies and procedures as set forth in the WBG’s Sanctions Framework, as set forth in Section VI.
    2. In further pursuance of this policy, bidders shall permit and shall cause their agents (where declared or not), subcontractors, subconsultants, service providers, suppliers, and personnel, to permit the Bank to inspect all accounts, records and other documents relating to any initial selection process, prequalification process, bid submission, proposal submission and contract performance (in the case of award), and to have them audited by auditors appointed by the Bank.

 

  1. Eligible Bidders
    1. A Bidder may be a firm that is a private entity, a state-owned enterprise or institution subject to ITB 4.6, or any combination of such entities in the form of a joint venture (JV) under an existing agreement or with the intent to enter into such an agreement supported by a letter of intent.  In the case of a joint venture, all members shall be jointly and severally liable for the execution of the entire Contract in accordance with the Contract terms. The JV shall nominate a Representative who shall have the authority to conduct all business for and on behalf of any and all the members of the JV during the Bidding process and, in the event the JV is awarded the Contract, during contract execution. Unless specified in the BDS, there is no limit on the number of members in a JV.
    2. A Bidder shall not have a conflict of interest. Any Bidder found to have a conflict of interest shall be disqualified. A Bidder may be considered to have a conflict of interest for the purpose of this Bidding process, if the Bidder:
  2. directly or indirectly controls, is controlled by or is under common control with another Bidder; or
  3. receives or has received any direct or indirect subsidy from another Bidder; or
  4. has the same legal representative as another Bidder; or
  5. has a relationship with another Bidder, directly or through common third parties, that puts it in a position to influence the Bid of another Bidder, or influence the decisions of the Employer regarding this Bidding process; or
  6. or any of its affiliates participated as a consultant in the preparation of the design or technical specifications of the Plant and Installation Services that are the subject of the Bid; or
  7. or any of its affiliates has been hired (or is proposed to be hired) by the Employer or Borrower as Project Manager for the Contract implementation; or
  8. would be providing goods, works, or non-consulting services resulting from or directly related to consulting services for the preparation or implementation of the project specified in the BDS ITB 2.1 that it provided or were provided by any affiliate that directly or indirectly controls, is controlled by, or is under common control with that firm; or
  9. has a close business or family relationship with a professional staff of the Borrower (or of the project implementing agency, or of a recipient of a part of the loan) who: (i) are directly or indirectly involved in the preparation of the bidding document or specifications of the Contract, and/or the Bid evaluation process of such Contract; or (ii) would be involved in the implementation or supervision of such contract unless the conflict stemming from such relationship has been resolved in a manner acceptable to the Bank throughout the Bidding process and execution of the Contract.
    1. A firm that is a Bidder (either individually or as a JV member) shall not participate as a Bidder or as JV member in more than one Bid except for permitted alternative Bids. Such participation shall result in the disqualification of all Bids in which the firm is involved. However, this does not limit the participation of a Bidder as subcontractor in another Bid or of a firm as a subcontractor in more than one Bid.
    2. A Bidder may have the nationality of any country, subject to the restrictions pursuant to ITB 4.8. A Bidder shall be deemed to have the nationality of a country if the Bidder is constituted, incorporated or registered in and operates in conformity with the provisions of the laws of that country, as evidenced by its articles of incorporation (or equivalent documents of constitution or association) and its registration documents, as the case may be. This criterion also shall apply to the determination of the nationality of proposed subcontractors or subconsultants for any part of the Contract including related Services.
    3. A Bidder that has been sanctioned by the Bank, pursuant to the Bank’s Anti-Corruption Guidelines, in accordance with its prevailing sanctions policies and procedures as set forth in the WBG’s Sanctions Framework as described in Section VI paragraph 2.2 d., shall be ineligible to be prequalified for, initially selected for, bid for, propose for, or be awarded a Bank-financed contract or benefit from a Bank-financed contract, financially or otherwise, during such period of time as the Bank shall have determined. The list of debarred firms and individuals is available at the electronic address specified in the BDS.
    4. Bidders that are state-owned enterprises or institutions in the Employer’s Country may be eligible to compete and be awarded a Contract(s) only if they can establish, in a manner acceptable to the Bank, that they (i) are legally and financially autonomous (ii) operate under commercial law, and (iii) are not under supervision of the Employer.
    5. A Bidder shall not be under suspension from Bidding by the Employer as the result of the operation of a Bid-Securing Declaration or Proposal-Securing Declaration.
    6. Firms and individuals may be ineligible if so indicated in Section V and (a)as a matter of law or official regulations, the Borrower’s country prohibits commercial relations with that country, provided that the Bank is satisfied that such exclusion does not preclude effective competition for the supply of goods or the contracting of works or services required; or (b)by an act of compliance with a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, the Borrower’s country prohibits any import of goods or contracting of works or services from that country, or any payments to any country, person, or entity in that country. Where the procurement is implemented across jurisdictional boundaries (and more than one country is a Borrower, and is involved in the procurement), then exclusion of a firm or individual on the basis of ITB 4.8 (a) above by any country may be applied to that procurement across other countries involved, if the Bank and the Borrowers involved in the procurement agree.
    7. A Bidder shall provide such documentary evidence of eligibility satisfactory to the Employer, as the Employer shall reasonably request.    
    8. A firm that is under a sanction of debarment by the Borrower from being awarded a contract is eligible to participate in this procurement, unless the Bank, at the Borrower’s request, is satisfied that the debarment; (a) relates to fraud or corruption, and (b) followed a judicial or administrative proceeding that afforded the firm adequate due process.
    9. This bidding is open only to prequalified Bidders unless specified in the BDS.

 

  1. Eligible Plant and Installation Services
    1. The Plant and Installation Services to be supplied under the Contract and financed by the Bank may have their origin in any country in accordance with Section V, Eligible Countries.
    2. For purposes of ITB 5.1 above, “origin” means the place where the Plant, or component parts thereof are mined, grown, produced or manufactured, and from which the services are provided.  Plant components are produced when, through manufacturing, processing, or substantial or major assembling of components, a commercially recognized product results that is substantially different in its basic characteristics or in purpose or utility from its components.

 

  1. Contents of Bidding Document

 

  1. Sections of  Bidding Document
    1. The bidding document consists of Parts 1, 2, and 3, which include all the sections indicated below, and should be read in conjunction with any Addenda issued in accordance with ITB 8.

PART 1. Bidding Procedures

  • Section I - Instructions to Bidders (ITB)
  • Section II - Bid Data Sheet (BDS)
  • Section III - Evaluation and Qualification Criteria
  • Section IV - Bidding Forms
  • Section V - Eligible Countries
  • Section VI - Fraud and Corruption

PART 2. Employer’s Requirements

  • Section VII -Employer’s Requirements

PART 3. Conditions of Contract and Contract Forms

  • Section VIII - General Conditions of Contract (GCC)
  • Section IX -Particular Conditions of Contract (PCC)
  • Section X -Contract Forms
    1. The Specific Procurement Notice-Request for Bids (RFB) issued by the Employer, or the Notice of Request for Bids (RFB) issued by the Employer to the prequalified Bidders are not part of the bidding document.
    2. Unless obtained directly from the Employer, the Employer is not responsible for the completeness of the document, responses to requests for clarification, the Minutes of the pre-Bid meeting (if any), or Addenda to the bidding document in accordance with ITB 8. In case of any contradiction, documents obtained directly from the Employer shall prevail.
    3. The Bidder is expected to examine all instructions, forms, terms, and specifications in the bidding document and to furnish with its Bid all information or documentation as is required by the bidding document.

 

  1. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting
    1. A Bidder requiring any clarification of the bidding document shall contact the Employer in writing at the Employer’s address indicated in the BDS or raise his enquiries during the pre-Bid meeting if provided for in accordance with ITB 7.4. The Employer will respond in writing to any request for clarification, provided that such request is received prior to the deadline for submission of Bids within a period specified in the BDS.  The Employer shall forward copies of its response to all Bidders who have acquired the bidding document in accordance with ITB 6.3, including a description of the inquiry but without identifying its source. If so specified in the BDS, the Employer shall also promptly publish its response at the web page identified in the BDS. Should the clarification result in changes to the essential elements of the bidding document, the Employer shall amend the bidding document following the procedure under ITB 8 and ITB 23.2.
    2. The Bidder is advised to visit and examine the site where the Plant is to be installed and its surroundings and obtain for itself on its own responsibility all information that may be necessary for preparing the Bid and entering into a Contract for the provision of Plant and Installation Services. The costs of visiting the site shall be at the Bidder’s own expense.
    3. The Bidder and any of its personnel or agents will be granted permission by the Employer to enter upon its premises and lands for the purpose of such visit, but only upon the express condition that the Bidder, its personnel, and agents will release and indemnify the Employer and its personnel and agents from and against all liability in respect thereof, and will be responsible for death or personal injury, loss of or damage to property, and any other loss, damage, costs, and expenses incurred as a result of the inspection.
    4. If so specified in the BDS, the Bidder’s designated representative is invited to attend a pre-Bid meeting and/or a site visit. The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage.
    5. The Bidder is requested to submit any questions in writing, to reach the Employer not later than one week before the meeting.
    6. Minutes of the pre-Bid meeting, including the text of the questions raised without identifying the source, and the responses given, together with any responses prepared after the meeting, will be transmitted promptly to all Bidders who have acquired the bidding document in accordance with ITB 6.3.  If so specified in the BDS, the Employer shall also promptly publish the Minutes of the pre-Bid meeting at the web page identified in the BDS. Any modification to the bidding document that may become necessary as a result of the pre-Bid meeting shall be made by the Employer exclusively through the issue of an Addendum pursuant to ITB 8 and not through the minutes of the pre-Bid meeting. Nonattendance at the pre-Bid meeting will not be a cause for disqualification of a Bidder.

 

  1. Amendment of Bidding Document
    1. At any time prior to the deadline for submission of Bids, the Employer may amend the bidding document by issuing addenda.
    2. Any addendum issued shall be part of the bidding document and shall be communicated in writing to all who have obtained the bidding document from the Employer in accordance with ITB 6.3. The Employer shall also promptly publish the addendum on the Employer’s web page in accordance with ITB 7.1.
    3. To give prospective Bidders reasonable time in which to take an addendum into account in preparing their Bids, the Employer may, at its discretion, extend the deadline for the submission of bids, pursuant to ITB 23.2.

 

  1. Preparation of Bids

 

  1. Cost of Bidding
    1. The Bidder shall bear all costs associated with the preparation and submission of its Bid, and the Employer shall not be responsible or liable for those costs, regardless of the conduct or outcome of the Bidding process.

 

  1. Language of Bid
    1. The Bid, as well as all correspondence and documents relating to the Bid exchanged by the Bidder and the Employer, shall be written in the language specified in the BDS. Supporting documents and printed literature that are part of the Bid may be in another language provided they are accompanied by an accurate translation of the relevant passages in the language specified in the BDS, in which case, for purposes of interpretation of the Bid, such translation shall govern.

 

  1. Documents Comprising the Bid
    1. The Bid shall comprise two Parts, namely the Technical Part and the Financial Part. These two Parts shall be submitted simultaneously in two separate sealed envelopes (two-envelope Bidding process). One envelope shall contain only information relating to the Technical Part and the other, only information relating to the Financial Part. These two envelopes shall be enclosed in a separate sealed outer envelope marked “Original Bid”
    2. The Technical Part shall comprise the following:
  2. Letter of Bid - Technical Part, prepared in accordance with ITB12;
  3. Bid Security or Bid Securing Declaration, in accordance with ITB 20;
  4. Alternative Bid - Technical Part: if permissible in accordance with ITB 13, the Technical Part of any Alternative Bid;
  5. Authorization: written confirmation authorizing the signatory of the Bid to commit the Bidder, in accordance with ITB 21.3;
  6. Eligibility of Plant and Installation Services: documentary evidence established in accordance with ITB 14.1 that the Plant and Installation Services offered by the Bidder in its Bid or in any alternative Bid, if permitted, are eligible;
  7. Bidder’s Eligibility and Qualifications: documentary evidence in accordance with ITB 15.1 establishing the Bidder’s eligibility and qualifications ;
  8. Conformity: documentary evidence in accordance with ITB 16 that the Plant and Installation Services offered by the Bidder conform to the bidding document;
  9. Subcontractors: list of subcontractors in accordance with ITB 16.2; and
  10. any other document required in the BDS.
    1. The Financial Part shall contain the following:
      1. Letter of Bid – Financial Part: prepared in accordance with ITB 12 and ITB 14;
      2. Price Schedules completed in accordance with ITB 12 and ITB 17;
      3. Alternative Bid - Financial Part: if permissible in accordance with ITB 13, the Financial Part of any Alternative Bid; and
      4. any other document required in the BDS.
    2. The Technical Part shall not include any information related to the Bid price. Where material financial information related to the Bid price is contained in the Technical Part the Bid shall be declared non-responsive.
    3. In addition to the requirements under ITB 11.2, Bids submitted by a JV shall include in the Technical Part a copy of the Joint Venture Agreement entered into by all members. Alternatively, a letter of intent to execute a Joint Venture Agreement in the event of a successful Bid shall be signed by all members and submitted with the Bid, together with a copy of the proposed Agreement.
    4. The Bidder shall furnish in the Letter of Bid - Financial Part information on commissions and gratuities, if any, paid or to be paid to agents or any other party relating to this Bid
  1. Letters of Bid and Price Schedules
    1. The Letter of Bid - Technical Part and the Letter of Bid- Financial Part including the Price Schedules shall be prepared, using the relevant forms furnished in Section IV, Bidding Forms.  The forms must be completed as instructed in each form without any alterations to the text, and no substitutes shall be accepted except as provided under ITB 21.3. All blank spaces shall be filled in with the information requested.

 

  1. Alternative Bids
    1. Unless otherwise specified in the BDS, alternative Bids shall not be considered.
    2. When alternatives to the Time Schedule are explicitly invited, a statement to that effect will be included in the BDS, and the method of evaluating different time schedules will be described in Section III, Evaluation and Qualification Criteria.
    3. Except as provided under ITB 13.4 below, Bidders wishing to offer technical alternatives to the Employer’s requirements as described in the bidding document must also provide: (i) a price at which they are prepared to offer a Plant meeting the Employer’s requirements; and (ii) all information necessary for a complete evaluation of the alternatives by the Employer, including drawings, design calculations, technical specifications, breakdown of prices, and proposed installation methodology and other relevant details.  Only the technical alternatives, if any, of the Bidder with the Most Advantageous Bid conforming to the basic technical requirements shall be considered by the Employer.
    4. When Bidders are invited in the BDS to submit alternative technical solutions for specified parts of the facilities, such parts will be identified in the BDS, as will the method for their evaluation, and described in Section VII, Employer’s Requirements.

 

  1. Documents Establishing the Eligibility of the Plant and Installation Services
    1. To establish the eligibility of the Plant and Installation Services in accordance with ITB 5, Bidders shall complete the country of origin declarations in the Price Schedule Forms, included in Section IV, Bidding Forms.

 

  1. Documents Establishing the Eligibility and Qualifications of the Bidder
    1. To establish Bidder’s eligibility in accordance with ITB 4, Bidders shall complete the Letter of Bid- Technical Part, included in Section IV, Bidding Forms.
    2. To establish its qualifications to perform the Contract in accordance with Section III, Evaluation and Qualification Criteria, the Bidder shall provide the information requested in the corresponding information sheets included in Section IV, Bidding Forms.
    3. Any change in the structure or formation of a Bidder after being prequalified and invited to Bid, if applicable, (including, in the case of a JV, any change in the structure or formation of any member and also including any change in any specialized subcontractor whose qualifications were considered to prequalify the Applicant) shall be subject to the written approval of the Employer prior to the deadline for submission of Bids. Such approval shall be denied if (i) a Bidder proposes to associate with a disqualified Bidder or in case of a disqualified joint venture, any of its members; (ii) as a consequence of the change, the Bidder no longer substantially meets the qualification criteria; or (iii) in the opinion of the Employer, the change may result in a substantial reduction in competition. Any such change should be submitted to the Employer not later than fourteen (14) days after the date of the notice for RFB sent to the prequalified Bidders

 

  1. Documents Establishing the Conformity of the Plant and  Installation Services
    1. The Bidder shall furnish the information stipulated in Section IV, Bidding Forms in sufficient detail to demonstrate substantial responsiveness of the Bidders’ proposal to the work requirements and the completion time. 
    2. For major items of Plant and Installation Services as listed by the Employer in Section III, Evaluation and Qualification Criteria, which the Bidder intends to purchase or subcontract, the Bidder shall give details of the name and nationality of the proposed Subcontractors, including manufacturers, for each of those items. In addition, the Bidder shall include in its Bid information establishing compliance with the requirements specified by the Employer for these items.  Quoted rates and prices will be deemed to apply to whichever Subcontractor is appointed, and no adjustment of the rates and prices will be permitted.
    3. The Bidder shall be responsible for ensuring that any Subcontractor proposed complies with the requirements of ITB 4, and that any Plant, or services to be provided by the Subcontractor comply with the requirements of ITB 5 and ITB 16.1.

 

  1. Bid Prices and Discounts
    1. Unless otherwise specified in the BDS, Bidders shall quote for the entire Plant and Installation Services on a “single responsibility” basis. The total Bid price shall include all the Contractor’s obligations mentioned in or to be reasonably inferred from the bidding document in respect of the design, manufacture, including procurement and subcontracting (if any), delivery, construction, installation and completion of the Plant.  This includes all requirements under the Contractor’s responsibilities for testing, pre-commissioning and commissioning of the Plant and, where so required by the bidding document, the acquisition of all permits, approvals and licenses, etc.; the operation, maintenance and training services and such other items and services as specified in the bidding document, all in accordance with the requirements of the General Conditions. Items against which no price is entered by the Bidder will not be paid for by the Employer when executed and shall be deemed to be covered by the prices for other items.
    2. Bidders are required to quote the price for the commercial, contractual and technical obligations outlined in the bidding document.
    3. Bidders shall give a breakdown of the prices in the manner and detail called for in the Price Schedules included in Section IV, Bidding Forms.
    4. Depending on the scope of the Contract, the Price Schedules may comprise up to the six (6) schedules listed below.  Separate numbered Schedules included in Section IV, Bidding Forms, from those numbered 1 to 4 below, shall be used for each of the elements of the Plant and Installation Services. The total amount from each Schedule corresponding to an element of the Plant and Installation Services shall be summarized in the schedule titled Grand Summary, (Schedule 5), giving the total Bid price(s) to be entered in the Letter of Bid. Bidders shall note that the plant and equipment included in Schedule Nos. 1 and 2 below exclude materials used for civil, building and other construction works.  All such materials shall be included and priced under Schedule No. 4, Installation Services. The Schedules comprise:

Schedule No. 1:    Plant (including Mandatory Spare Parts) Supplied from Abroad

Schedule No. 2:    Plant (including Mandatory Spare Parts) Supplied from within the Employer’s Country

Schedule No. 3:    Design Services

Schedule No. 4:    Installation Services

Schedule No. 5:    Grand Summary (Schedule Nos.1 to 4)

Schedule No. 6:    Recommended Spare Parts

    1. In the Schedules, Bidders shall give the required details and a breakdown of their prices as follows:
      1. Plant to be supplied from abroad (Schedule No. 1):

          The price of the Plant shall be quoted on CIP-named place of destination basis as specified in the BDS.

      1. Plant manufactured within the Employer’s Country (Schedule No. 2):

(i)    The price of the Plant shall be quoted on an EXW Incoterm basis (such as “ex-works,” “ex-factory,” “ex-warehouse” or “off-the-shelf,” as applicable), including all customs duties, sales and other taxes already paid or payable on the components and raw materials used in the manufacture or assembly of the Plant;

(ii)   Sales tax and all other taxes payable in the Employer’s Country on the Plant if the contract is awarded to the Bidder;

      1. Design Services (Schedule No. 3);
      2. Installation Services shall be quoted separately (Schedule No. 4) and shall include rates or prices for local transportation to named place of final destination as specified in the BDS, insurance and other services incidental to delivery of the Plant, all labor, contractor’s equipment, temporary works, materials, consumables and all matters and things of whatsoever nature, including operations and maintenance services, the provision of operations and maintenance manuals, training, etc., where identified in the bidding document, as necessary for the proper execution of the installation and other services, including all taxes, duties, levies and charges payable in the Employer’s Country as of twenty-eight (28) days prior to the deadline for submission of Bids;

(e)     Recommended spare parts shall be quoted separately (Schedule 6) as specified in either subparagraph (a) or (b) above in accordance with the origin of the spare parts.

    1. The terms EXW, CIP, and other similar terms shall be governed by the rules prescribed in the current edition of Incoterms, published by the International Chamber of Commerce, as specified in the BDS.
    2. The prices shall be either fixed or adjustable as specified in the BDS.
    3. In the case of Fixed Price, prices quoted by the Bidder shall be fixed during the Bidder’s performance of the contract and not subject to variation on any account.  A Bid submitted with an adjustable price quotation will be treated as non-responsive and rejected.
    4. In the case of Adjustable Price, prices quoted by the Bidder shall be subject to adjustment during performance of the contract to reflect changes in the cost elements such as labor, material, transport and contractor’s equipment in accordance with the procedures specified in the corresponding Appendix to the Contract Agreement. A Bid submitted with a fixed price quotation will not be rejected, but the price adjustment will be treated as zero.  Bidders are required to indicate the source of labor and material indices in the corresponding Form in Section IV, Bidding Forms.
    5. If so indicated in ITB 1.1, Bids are being invited for individual lots (contracts) or for any combination of lots (packages).  Bidders wishing to offer any price reduction (discount) for the award of more than one Contract shall specify in their Letter of Bid the price reductions applicable to each package, or alternatively, to individual Contracts within the package, and the manner in which the price reductions will apply. However, discounts on condition of award of more than one contract will not be used for Bid evaluation purpose.
    6.  Bidders wishing to offer any unconditional discount shall specify in their Letter of Bid the offered discounts and the manner in which price discounts will apply.

 

  1. Currencies of Bid and Payment
    1. The currency(ies) of the Bid and the currency(ies) of payments shall be the same.  The Bidder shall quote in the currency of the Employer’s country the portion of the Bid price that corresponds to expenditures incurred in the currency of the Employer’s Country, unless otherwise specified in the BDS.
    2. The Bidder may express the Bid price in any currency. If the Bidder wishes to be paid in a combination of amounts in different currencies, it may quote its price accordingly but shall use no more than three foreign currencies in addition to the currency of the Employer’s Country.

 

  1. Period of Validity of Bids
    1. Bids shall remain valid until the date specified in the BDS or any extended date if amended by the Employer in accordance with ITB 8. A Bid that is not valid until the date specified in the BDS, or any extended date if amended by the Employer in accordance with ITB 8, shall be rejected by the Employer as nonresponsive.
    2. In exceptional circumstances, prior to the date of expiration of the Bid validity, the Employer may request Bidders to extend the period of validity of their Bids. The request and the responses shall be made in writing. If a Bid Security is requested in accordance with ITB 20, the Bidder granting the request shall also extend the Bid Security for twenty-eight (28) days beyond the deadline of the extended validity period. A Bidder may refuse the request without forfeiting its Bid Security. A Bidder granting the request shall not be required or permitted to modify its Bid, except as provided in ITB 19.3.
    3. If the award is delayed by a period exceeding fifty-six (56) days beyond the expiry of the initial Bid validity specified in accordance with ITB 19.1, the Contract price shall be determined as follows:
  2. in the case of fixed price contracts, the Contract price shall be the Bid price adjusted by the factor or factors specified in the BDS;
  3. in the case of adjustable price contracts, no adjustment shall be made; or
  4. in any case, Bid evaluation shall be based on the Bid price without taking into consideration the applicable correction from those indicated above.

 

  1. Bid Security
    1. The Bidder shall furnish as part of the Technical Part of its Bid, either a Bid-Securing Declaration or a Bid Security as specified in the BDS, in original form and, in the case of a Bid Security, in the amount and currency specified in the BDS.
    2. A Bid-Securing Declaration shall use the form included in Section IV Bidding Forms.
    3. If a Bid Security is specified pursuant to ITB 20.1, the Bid security shall be a demand guarantee in any of the following forms at the Bidder’s option:
  2. an unconditional guarantee issued by a bank or non-bank financial institution (such as an insurance, bonding or surety company);
  3. an irrevocable letter of credit;
  4. a cashier’s or certified check; or
  5. another security indicated in the BDS,

          from a reputable source from an eligible country. If an unconditional guarantee is issued by a non-bank financial institution located outside the Employer’s Country the issuing non-bank financial institution shall have a correspondent financial institution located in the Employer’s Country to make it enforceable unless the Employer has agreed in writing, prior to Bid submission, that a correspondent financial institution is not required. In the case of a bank guarantee, the Bid Security shall be submitted either using the Bid Security Form included in Section IV, Bidding Forms, or in another substantially similar format approved by the Employer prior to Bid submission. The Bid Security shall be valid for twenty-eight (28) days beyond the original date of expiry of the Bid validity, or beyond any extended date if requested under ITB 19.2.

    1. If a Bid Security or a Bid-Securing Declaration is specified pursuant to ITB 20.1, any Bid not accompanied by a substantially responsive Bid Security or Bid-Securing Declaration shall be rejected by the Employer as nonresponsive.
    2. If a Bid Security is specified pursuant to ITB 20.1, the Bid Security of unsuccessful Bidders shall be returned as promptly as possible upon the successful Bidder’s furnishing of the Performance Security pursuant to ITB 47.
    3. The Bid Security of the successful Bidder shall be returned as promptly as possible once the successful Bidder has signed the Contract and furnished the required Performance Security.
    4. The Bid Security may be forfeited:
  2. if a Bidder withdraws its Bid prior to the expiry date of the Bid validity specified by the Bidder on the Letter of Bid or any extended date provided by the Bidder; or
  3. if the successful Bidder fails to:
  1. sign the Contract in accordance with ITB 46; or
  2. furnish a Performance Security in accordance with ITB 47.
    1. The Bid Security or the Bid-Securing Declaration of a JV shall be in the name of the JV that submits the Bid. If the JV has not been legally constituted into a legally enforceable JV at the time of bidding, the Bid Security or the Bid Securing Declaration shall be in the names of all future members as named in the letter of intent referred to in ITB 4.1 and ITB 11.5.
    2. If a Bid Security is not required in the BDS: and
  1. if a Bidder withdraws its Bid prior to the expiry date of the Bid validity specified by the Bidder on the Letter of Bid, or any extended date provided by the Bidder; or
  2. if the successful Bidder fails to:
  1. sign the Contract in accordance with ITB 46; or
  2. furnish a Performance Security in accordance with ITB 47;

the Borrower may, if provided for in the BDS, declare the Bidder disqualified to be awarded a contract by the Employer for a period of time as stated in the BDS.

 

  1. Format and Signing of Bid
    1. The Bidder shall prepare the Bid, in accordance with this Instruction, ITB 11 and ITB 22.
    2. Bidders shall mark as “Confidential” information in their Bids which is confidential to their business. This may include proprietary information, trade secrets or commercial or financially sensitive information.
    3. The original and all copies of the Bid shall be typed or written in indelible ink and shall be signed by a person duly authorized to sign on behalf of the Bidder.  This authorization shall consist of a written confirmation as specified in the BDS and shall be attached to the Bid.  The name and position held by each person signing the authorization must be typed or printed below the signature.  All pages of the Bid where entries or amendments have been made shall be signed or initialed by the person signing the Bid.
    4. In the case that the Bidder is a JV, the Bid shall be signed by an authorized representative of the JV on behalf of the JV, and so as to be legally binding on all the members as evidenced by a power of attorney signed by their legally authorized representatives.
    5. Any interlineations, erasures, or overwriting shall be valid only if they are signed or initialed by the person signing the Bid.

 

  1. Submission of Bids

 

  1. Submission, Sealing and Marking of Bids
    1. The Bidder shall deliver the Bid in two separate, sealed envelopes (the Technical Part and the Financial Part.). These two envelopes shall be enclosed in a separate sealed outer envelope marked “Original Bid”. In addition, the Bidder shall submit copies of the Bid in the number specified in the BDS. Copies of the Technical Part shall be placed in a separate sealed envelope marked “Copies: Technical Part”. Copies of the Financial Part shall be placed in a separate sealed envelope marked “Copies: Financial Part”. The Bidder shall place both of these envelopes in a separate, sealed outer envelope marked “Bid Copies”. In the event of any discrepancy between the original and the copies, the original shall prevail.
    2. If alternative Bids are permitted in accordance with ITB 13, the alternative Bids shall be submitted as follows: the original of the alternative Bid Technical Part shall be placed in a sealed envelope marked “Alternative Bid – Technical Part” and the Financial Part shall be placed in a sealed envelope marked “Alternative Bid – Financial Part” and these two separate sealed envelopes then enclosed within a sealed outer envelope marked “Alternative Bid – Original”, the copies of the alternative Bid will be placed in separate sealed envelopes marked “Alternative Bid – Copies Of Technical Part”, and “Alternative Bid – Copies Of Financial Part” and enclosed in a separate sealed outer envelope marked “Alternative Bid - Copies”.
    3. The envelopes marked “Original Bid” and “Bid Copies” (and, if appropriate, a third envelope marked “Alternative Bid”) shall be enclosed in a separate sealed outer envelope for submission to the Employer.
    4. The inner and outer envelopes shall:
  2. bear the name and address of the Bidder;
  3. be addressed to the Employer in accordance with ITB 23.1;
  4. bear the specific identification of this Bidding process indicated in accordance with ITB 1.1; and
  5. bear a warning not to open before the time and date for Bid opening.
    1. If all envelopes are not sealed and marked as required, the Employer will assume no responsibility for the misplacement or premature opening of the Bid.

 

  1. Deadline for Submission of Bids
    1. Bids must be received by the Employer at the address and no later than the date and time indicated in the BDS. When so specified in the BDS, Bidders shall have the option of submitting their Bids electronically. Bidders submitting Bids electronically shall follow the electronic Bid submission procedures specified in the BDS.
    2. The Employer may, at its discretion, extend the deadline for the submission of Bids by amending the bidding document in accordance with ITB 8, in which case all rights and obligations of the Employer and Bidders previously subject to the deadline shall thereafter be subject to the deadline as extended.

 

  1. Late Bids
    1. The Employer shall not consider any Bid that arrives after the deadline for submission of Bids, in accordance with ITB 23.  Any Bid received by the Employer after the deadline for submission of Bids shall be declared late, rejected, and returned unopened to the Bidder.

 

  1. Withdrawal, Substitution, and Modification of Bids
    1. A Bidder may withdraw, substitute, or modify its bid after it has been submitted by sending a written notice, duly signed by an authorized representative, and shall include a copy of the authorization in accordance with ITB 21.3, (except that withdrawal notices do not require copies). The corresponding substitution or modification of the Bid must accompany the respective written notice.  All notices must be:
  2. prepared and submitted in accordance with ITB 21 and ITB 22 (except that withdrawals notices do not require copies), and in addition, the respective envelopes shall be clearly marked “Withdrawal,” “Substitution,” “Modification”; and
  3. received by the Employer prior to the deadline prescribed for submission of Bids, in accordance with ITB 23.
    1. Bids requested to be withdrawn in accordance with ITB 25.1 shall be returned unopened to the Bidders.
    2. No Bid may be withdrawn, substituted, or modified in the interval between the deadline for submission of Bids and the date of expiry of the Bid validity specified by the Bidder on the Letter of Bid or any extended date thereof. 

 

  1. Public Opening of Technical Parts of Bids

 

  1. Public Opening of Technical Parts of Bids
    1. Except as in the cases specified in ITB 24 and ITB 25.2, the Employer shall publicly open and read out all Bids received by the deadline at the date, time and place specified in the BDS in the presence of Bidders’ designated representatives and anyone who choose to attend. Any specific electronic Bid opening procedures required if electronic Bidding is permitted in accordance with ITB 23.1, shall be as specified in the BDS.
    2. First, the written notice of withdrawal in the envelopes marked “Withdrawal” shall be opened and read out and the envelope with the corresponding Bid shall not be opened but returned to the Bidder.  No bid withdrawal shall be permitted unless the corresponding withdrawal notice contains a valid authorization to request the withdrawal and is read out at Bid opening.
    3. Next, envelopes marked “Substitution” shall be opened and read out and exchanged with the corresponding Bid being substituted, and the substituted Bid shall not be opened, but returned to the Bidder. No Bid substitution shall be permitted unless the corresponding substitution notice contains a valid authorization to request the substitution and is read out at Bid opening.
    4. Next, envelopes marked “Modification” shall be opened and read out with the corresponding Bid. No Bid modification shall be permitted unless the corresponding modification notice contains a valid authorization to request the modification and is read out at Bid opening.
    5. Next, all other envelopes marked “Technical Part” shall be opened one at a time. All envelopes marked “Second Envelope: Financial Part” shall remain sealed and kept by the Employer in safe custody until they are opened at a later public opening, following the evaluation of the Technical Part parts of the Bids. On opening the envelopes marked “Technical Part” the Employer shall read out: the name of the Bidder, the presence or the absence of a Bid Security, or Bid-Securing Declaration, if required, and whether there is a modification; and Alternative Bid - Technical Part; and any other details as the Employer may consider appropriate. 
    6. Only Technical Parts of Bids and Alternative Bid - Technical Parts that are read out at Bid opening shall be considered further for evaluation. The Letter of Bid- Technical Part and the separate sealed envelope marked “Second Envelope: Financial Part” are to be initialed by representatives of the Employer attending Bid opening in the manner specified in the BDS.
    7. The Employer shall neither discuss the merits of any Bid nor reject any Bid (except for late Bids, in accordance with ITB 24.1).
    8. The Employer shall prepare a record of the Bid opening that shall include, as a minimum:
      1. the name of the Bidder and whether there is a withdrawal, substitution, or modification;
      2. the receipt of  envelopes marked “Second Envelope: Financial Part”;
      3. if applicable, any alternative Bid-Technical Part; and
      4. the presence or absence of a Bid Security or a Bid-Securing Declaration. 
    9. The Bidders’ representatives who are present shall be requested to sign the record.  The omission of a Bidder’s signature on the record shall not invalidate the contents and effect of the record.  A copy of the record shall be distributed to all Bidders.

 

  1. Evaluation of Bids- General Provisions

 

  1. Confidentiality
    1. Information relating to the evaluation of the Technical Part shall not be disclosed to Bidders or any other persons not officially concerned with the Bidding process until the notification of evaluation of the Technical Part in accordance with ITB 33. Information relating to the evaluation of Financial Part, the evaluation of combined Technical Part and Financial Part, and recommendation of contract award shall not be disclosed to Bidders or any other persons not officially concerned with the RFB process until the Notification of Intention to Award the Contract is transmitted to Bidders in accordance with ITB 42..
    2. Any effort by a Bidder to influence the Employer in the evaluation of the bids or Contract award decisions may result in the rejection of its Bid.
    3. Notwithstanding ITB 27.2, from the time of Bid opening to the time of Contract Award, if any Bidder wishes to contact the Employer on any matter related to the Bidding process, it should do so in writing.

 

  1. Clarification of Bids

 

    1. To assist in the examination, evaluation, and comparison of the Bids, and qualification of the Bidders, the Employer may, at its discretion, ask any Bidder for a clarification of its Bid.  Any clarification submitted by a Bidder that is not in response to a request by the Employer shall not be considered.  The Employer’s request for clarification and the response shall be in writing.  No change in the prices or substance of the Bid shall be sought, offered, or permitted, except to confirm the correction of arithmetic errors discovered by the Employer in the evaluation of the Bids, in accordance with ITB 35.
    2. If a Bidder does not provide clarifications of its Bid by the date and time set in the Employer’s request for clarification, its Bid may be rejected.

 

  1. Deviations, Reservations, and Omissions
    1. During the evaluation of Bids, the following definitions apply:

(a)     “Deviation” is a departure from the requirements specified in the bidding document;

(b)     “Reservation” is the setting of limiting conditions or withholding from complete acceptance of the requirements specified in the bidding document; and

          (c) “Omission” is the failure to submit part or all of the information or documentation required in the bidding document.

    1. Provided that a Bid is substantially responsive, the Employer may waive any nonmaterial nonconformities in the Bid.
    2. Provided that a Bid is substantially responsive, the Employer may request that the Bidder submit the necessary information or documentation, within a reasonable period of time, to rectify nonmaterial nonconformities in the Bid related to documentation requirements. Requesting information or documentation on such nonconformities shall not be related to any aspect of the price of the Bid. Failure of the Bidder to comply with the request may result in the rejection of its Bid.

 

  1. Evaluation of Technical Part of Bids

 

  1. Determination of Responsiveness of Technical Part
    1. The Employer’s determination of the Technical Part’s responsiveness shall be based on the contents of the Bid, as specified in ITB 11.
    2. Preliminary examination of the Technical Part shall be carried out to identify proposals that are incomplete, invalid or substantially nonresponsive to the requirements of the Bidding documents. A substantially responsive Bid is one that materially confirms to the requirements of the Bidding document without material deviation, reservation, or omission. A material deviation, reservation, or omission is one that,
    1. if accepted, would:
        1. affect in any substantial way the scope, quality, or performance of the Works specified in the Contract; or
        2. limit in any substantial way, inconsistent with the Bidding document, the Employer’s rights or the Bidder’s  obligations under the proposed Contract; or
    2. if rectified, would unfairly affect the competitive position of other Bidders presenting substantially responsive Bids.
    1. If the Technical Part is not substantially responsive to the requirements of the Bidding document, it shall be rejected by the Employer and may not subsequently be made responsive by correction of the material deviation, reservation, or omission.

 

  1. Eligibility and Qualifications of the Bidder
    1. The Employer shall determine to its satisfaction whether the Bidders that have been assessed to have submitted substantially responsive Bids are eligible, and either continue to meet (if prequalification applies) or meet (if prequalification has not been carried out), the qualifying criteria specified in Section III, Evaluation and Qualification Criteria.
    2. The determination shall be based upon an examination of the documentary evidence of the Bidder’s eligibility and qualifications submitted by the Bidder, pursuant to ITB 15. The determination shall not take into consideration the qualifications of other firms such as the Bidder’s subsidiaries, parent entities, affiliates, subcontractors (other than Specialized Subcontractors if permitted in the bidding document), or any other firm.
    3. Prior to Contract award, the Employer will verify that the successful Bidder (including each member of a JV) is not disqualified by the Bank due to noncompliance with contractual SEA/SH prevention and response obligations. The Employer will conduct the same verification for each subcontractor proposed by the successful Bidder. If any proposed subcontractor does not meet the requirement, the Employer will require the Bidder to propose a replacement subcontractor.
    4. Only substantially responsive bids submitted by eligible and qualified bidders shall proceed to the detailed technical evaluation specified in ITB 32.

 

  1. Detailed Evaluation of Technical Part
    1. The Employer’s evaluation of Technical Part will be carried out as specified in Section III, Evaluation and Qualification Criteria.
    2. The scores and weightings to be given to Rated Criteria (including technical and non-price factors and sub factors) are specified in the BDS.

 

  1. Notification of Evaluation of Technical Parts and Public Opening of Financial Parts

 

  1. Notification of Evaluation of Technical Parts and Public Opening of Financial Parts
    1. Following the completion of the evaluation of the Technical Parts of the Bids, the Employer shall notify in writing those Bidders whose Bids were considered substantially non-responsive to the bidding document or failed to meet the eligibility and qualification requirements, advising them of the following information:
  2. the grounds on which their Technical Part of Bid failed to meet the requirements of the bidding document;
  3. their envelopes marked “Second Envelope: Financial Part” will be returned to them unopened after the completion of the selection process and the signing of the Contract; and
  4. notify them of the date, time and location of the public opening of the envelopes marked “Second Envelope: Financial Part”.
    1. The Employer shall, simultaneously, notify in writing those Bidders whose Technical Part have been evaluated as substantially responsive to the bidding document and met the eligibility and qualification requirements, advising them of the following information:
  1. their Bid has been evaluated as substantially responsive to the bidding document and met the eligibility and qualification requirements;
  2. their envelope marked “Second Envelope: Financial Part” will be opened at the public opening of the Financial Parts; and
  3. notify them of the date, time and location of the second public opening of the envelopes marked “Second Envelope: Financial Part” as specified in the BDS.
    1. The opening date shall be not less than ten (10) Business Days from the date of notification of the results of the technical evaluation, specified in ITB 33.1 and 33.2. However, if the Employer receives a complaint on the results of the technical evaluation within the ten (10) Business Days, the opening date shall be subject to ITB 48.1. The Financial Part of the Bid shall be opened publicly in the presence of Bidders’ designated representatives and anyone who chooses to attend.
    2. At this public opening, the Financial Parts will be opened by the Employer in the presence of Bidders, or their designated representatives and anyone else who chooses to attend. Bidders who met the eligibility and qualification requirements and whose bids were evaluated as substantially responsive will have their envelopes marked “Second Envelope: Financial Part” opened at the second public opening. Each of these envelopes marked “Second Envelope: Financial Part” shall be inspected to confirm that they have remained sealed and unopened. These envelopes shall then be opened by the Employer. The Employer shall read out the names of each Bidder, the technical score and the total Bid prices, per lot (contract) if applicable, including any discounts and Alternative Bid - Financial Part, and any other details as the Employer may consider appropriate.
    3. Only envelopes of Financial Part of Bids, Financial Parts of Alternative Bids and discounts that are opened and read out at Bid opening shall be considered further for evaluation. The Letter of Bid – Financial Part and the Priced Activity Schedules are to be initialed by a representative of the Employer attending the Bid opening in the manner specified in the BDS.
    4. The Employer shall neither discuss the merits of any Bid nor reject any envelopes marked “Second Envelope: Financial Part” at this public opening.
    5. The Employer shall prepare a record of the Financial Part of the Bid opening that shall include, as a minimum: (a) the name of the Bidder whose Financial Part was opened; (b) the Bid price, per lot (contract) if applicable, including any discounts; and (c) if applicable, any Alternative Bid – Financial Part.
    6. The Bidders whose envelopes marked “Second Envelope: Financial Part” have been opened or their representatives who are present shall be requested to sign the record. The omission of a Bidder’s signature on the record shall not invalidate the contents and effect of the record. A copy of the record shall be distributed to all Bidders.

 

  1. Evaluation of Financial Part of Bids

 

  1. Adjustments for Non-material Noconformities
    1. Provided that a Bid is substantially responsive, the Employer shall rectify quantifiable nonmaterial nonconformities related to the Bid Price. To this effect, the Bid Price shall be adjusted, for comparison purposes only, to reflect the price of a missing or non-conforming item or component by adding the average price of the item or component quoted by substantially responsive Bidders.  If the price of the item or component cannot be derived from the price of other substantially responsive Bidders, the Employer shall use its best estimate.

 

  1. Correction of Arithmetic Errors
    1. In evaluating the Financial Part of each Bid, the Employer shall correct arithmetical errors on the following basis:
  2. where there are errors between the total of the amounts given under the column for the price breakdown and the amount given under the Total Price, the former shall prevail and the latter will be corrected accordingly;
  3. where there are errors between the total of the amounts of Schedule Nos. 1 to 4 and the amount given in Schedule No. 5 (Grand Summary) the former shall prevail and the latter will be corrected accordingly;
  4. if there is a discrepancy between words and figures, the amount in words shall prevail, unless the amount expressed in words is related to an arithmetic error, in which case the amount in figures shall prevail subject to (a) and (b) above.
    1. Bidders shall be requested to accept correction of arithmetical errors. Failure to accept the correction in accordance with ITB 35.1, shall result in the rejection of the Bid.

 

  1. Evaluation Process, Financial Part
    1. To evaluate the Financial Part, the Employer shall consider the following:
  2. the Bid price, excluding provisional sums and the provision, if any, for contingencies in the Price Schedules;
  3. price adjustment for correction of arithmetic errors in accordance with ITB 35.1;
  4. price adjustment due to discounts offered in accordance with ITB 17.11;
  5. price adjustment due to quantifiable nonmaterial nonconformities in accordance with ITB 34.1;
  6. converting the amount resulting from applying (a) to (c) above, if relevant, to a single currency in accordance with ITB 36.2; and  
  7. the evaluation factors indicated in the BDS and detailed in Section III, Evaluation and Qualification Criteria.
    1. For evaluation and comparison purposes, the currency(ies) of the Bid shall be converted into a single currency as specified in the BDS.
    2. No margin of domestic preference shall apply.
    3. If price adjustment is allowed in accordance with ITB 17.7, the estimated effect of the price adjustment provisions of the Conditions of Contract, applied over the period of execution of the Contract, shall not be taken into account in Bid evaluation.
    4. If this bidding document allows Bidders to quote separate prices for different lots (contracts), each lot will be evaluated separately to determine the Most Advantageous Bid using the methodology specified in Section III, Evaluation and Qualification Criteria. Discounts that are conditional on the award of more than one lotor slice shall not be considered for Bid evaluation.

 

  1. Abnormally Low Bids
    1. An Abnormally Low Bid is one where the Bid price, in combination with other elements of the Bid, appears so low that it raises material concerns as to the capability of the Bidder to perform the Contract for the offered Bid Price.
    2. In the event of identification of a potentially Abnormally Low Bid, the Employer shall seek written clarifications from the Bidder, including detailed price analyses of its Bid price in correlation to the subject matter of the contract, scope, proposed methodology, schedule, allocation of risks and responsibilities and any other requirements of the bidding document.
    3. After evaluation of the price analyses, in the event that the Employer determines that the Bidder has failed to demonstrate its capability to deliver the contract for the offered tender price, the Employer shall reject the Bid.

 

  1. Unbalanced or Front Loaded Bids
    1. If the Bid that is evaluated as the lowest evaluated cost is, in the Employer’s opinion, seriously unbalanced or front loaded the Employer may require the Bidder to provide written clarifications. Clarifications may include detailed price analyses to demonstrate the consistency of the Bid prices with the scope of works, proposed methodology, schedule and any other requirements of the bidding document.
    2. After the evaluation of the information and detailed price analyses presented by the Bidder, the Employer may:
      1. accept the Bid; or
      2. if appropriate, require that the total amount of the Performance Security be increased, at the expense of the Bidder, to a level not exceeding twenty percent (20%) of the Contract Price; or
      3. reject the Bid.

 

  1. Evaluation of Combined Technical and Financial Parts, Most Advantageous Bid and Notification of Intention to Award

 

  1. Evaluation of combined Technical and Financial Parts, Most Advantageous Bid
    1. The Employer’s evaluation of responsive Bids will take into account technical factors, in addition to cost factors in accordance with Section III Evaluation and Qualification Criteria. The weight to be assigned for the Technical factors and cost is  specified in the BDS. The Employer will rank the Bids based on the evaluated Bid score (B).
    2. The Employer shall determine the Most Advantageous Bid. The Most Advantageous Bid is the Bid of the Bidder that meets the Qualification Criteria and whose Bid has been determined to be substantially responsive to the Bidding document and is the Bid with the highest combined technical and financial score
    3. The capabilities of the manufacturers and subcontractors proposed in its Bid to be used by the Bidder with the Most Advantageous Bid for identified major items of supply or services will also be evaluated for acceptability in accordance with Section III, Evaluation and Qualification Criteria.  Their participation should be confirmed with a letter of intent between the parties, as needed.  Should a manufacturer or subcontractor be determined to be unacceptable, the Bid will not be rejected, but the Bidder will be required to substitute an acceptable manufacturer or subcontractor without any change to the Bid price. Prior to signing the Contract, the corresponding Appendix to the Contract Agreement shall be completed, listing the approved manufacturers or subcontractors for each item concerned.

 

  1. Employer’s right to Accept Any Bid and to Reject Any or All Bids
    1. The Employer reserves the right to accept or reject any Bid, and to annul the Bidding process and reject all Bids at any time prior to Contract Award, without thereby incurring any liability to Bidders. In case of annulment, all Bids submitted and specifically, Bid securities shall be promptly returned to the Bidders.

 

  1. Standstill Period
    1. The Contract shall not be awarded earlier than the expiry of the Standstill Period. The Standstill Period shall be ten (10) Business Days unless extended in accordance with ITB 45. The Standstill Period commences the day after the date the Employer has transmitted to each Bidder the Notification of Intention to Award the Contract. Where only one Bid is submitted, or if this contract is in response to an emergency situation recognized by the Bank, the Standstill Period shall not apply.

 

  1. Notification of Intention to Award
    1. The Employer shall send to each Bidder the Notification of Intention to Award the Contract to the successful Bidder. The Notification of Intention to Award shall contain, at a minimum, the following information:
  2. the name and address of the Bidder submitting the successful Bid;
  3. the Contract price of the successful Bid;
  4. the total combined score of the successful Bid;
  5. the names of all Bidders who submitted Bids, and their Bid prices as readout, and as evaluated and technical score;
  6. a statement of the reason(s) the Bid (of the unsuccessful Bidder to whom the notification is addressed) was unsuccessful;
  7. the expiry date of the Standstill Period; and
  8. instructions on how to request a debriefing and/or submit a complaint during the standstill period.

 

  1. Award of Contract

 

  1. Award Criteria
    1. Subject to ITB 40, the Employer shall award the Contract to the successful Bidder. This is the Bidder whose Bid has been determined to be the Most Advantageous Bid.

 

  1. Notification of Award
    1. Prior to the date of expiry  of the bid validity, and upon expiry of the Standstill Period, specified in ITB 41.1 or any extension thereof, and upon satisfactorily addressing any complaint that has been filed within the Standstill Period, the Employer shall notify the successful Bidder, in writing, that its Bid has been accepted. The notification of award (hereinafter and in the Contract Forms called the “Letter of Acceptance”) shall specify the sum that the Employer will pay the Contractor in consideration of the execution of the contract (hereinafter and in the Conditions of Contract and Contract Forms called “the Contract Price”).
    2. Within ten (10) Business Days after the date of transmission of the Letter of Acceptance, the Employer shall publish the Contract Award Notice which shall contain, at a minimum, the following information:
  2. name and address of the Employer;
  3. name and reference number of the contract being awarded, and the selection method used;
  4. names of all Bidders that submitted Bids, and their Bid prices as read out at Bid opening, and as evaluated;
  5. names of all Bidders whose Bids were rejected either as nonresponsive or as not meeting qualification criteria, or were not evaluated, with the reasons therefor;
  6. the name of the successful Bidder, the final total contract price, the contract duration and a summary of its scope; and
  7. successful Bidder’s Beneficial Ownership Disclosure Form.
    1. The Contract Award Notice shall be published on the Employer’s website with free access if available, or in at least one newspaper of national circulation in the Employer’s Country, or in the official gazette.
    2. Until a formal contract is prepared and executed, the Letter of Acceptance shall constitute a binding Contract

 

  1. Debriefing by the Employer
    1. On receipt of the Employer’s Notification of Intention to Award referred to in ITB 42, an unsuccessful Bidder has three (3) Business Days to make a written request to the Employer for a debriefing. The Employer shall provide a debriefing to all unsuccessful Bidders whose request is received within this deadline.
    2. Where a request for debriefing is received within the deadline, the Employer shall provide a debriefing within five (5) Business Days, unless the Employer decides, for justifiable reasons, to provide the debriefing outside this timeframe. In that case, the standstill period shall automatically be extended until five (5) Business Days after such debriefing is provided.  If more than one debriefing is so delayed, the standstill period shall not end earlier than five (5) Business Days after the last debriefing takes place. The Employer shall promptly inform, by the quickest means available, all Bidders of the extended standstill period.
    3. Where a request for debriefing is received by the Employer later than the three (3)-Business Day deadline, the Employer should provide the debriefing as soon as practicable, and normally no later than fifteen (15) Business Days from the date of publication of Public Notice of Award of contract. Requests for debriefing received outside the three (3)-day deadline shall not lead to extension of the standstill period. 
    4. Debriefings of unsuccessful Bidders may be done in writing or verbally. The Bidder shall bear their own costs of attending such a debriefing meeting.

 

  1. Signing of Contract
    1. The Employer shall send to the successful Bidder the Letter of Acceptance including the Contract Agreement, and a request to submit the Beneficial Ownership Disclosure Form providing additional information on its beneficial ownership. The Beneficial Ownership Disclosure Form shall be submitted within eight (8) Business Days of receiving this request.
    2. The successful Bidder shall sign, date and return to the Employer, the Contract Agreement within twenty-eight (28) days of its receipt.
    3. Notwithstanding ITB 46.2 above, in case signing of the Contract Agreement is prevented by any export restrictions attributable to the Employer, to the country of the Employer, or to the use of the Plant and Installation Services to be supplied, where such export restrictions arise from trade regulations from a country supplying those Plant and Installation Services, the Bidder shall not be bound by its Bid, always provided, however, that the Bidder can demonstrate to the satisfaction of the Employer and of the Bank that signing of the Contact Agreement has not been prevented by any lack of diligence on the part of the Bidder in completing any formalities, including applying for permits, authorizations and licenses necessary for the export of the Plant and Installation Services under the terms of the Contract.

 

  1. Performance Security
    1. Within twenty-eight (28) days of the receipt of the Letter of Acceptance from the Employer, the successful Bidder shall furnish the Performance Security in accordance with the General Conditions GCC 13.3, subject to ITB 38, using for that purpose the Performance Security Form included in Section X, Contract Forms, or another form acceptable to the Employer.  If the Performance Security furnished by the successful Bidder is in the form of a bond, it shall be issued by a bonding or insurance company that has been determined by the successful Bidder to be acceptable to the Employer.  A foreign institution providing a bond shall have a correspondent financial institution located in the Employer’s Country, unless the Employer has agreed in writing that a correspondent financial institution is not required.
    2. Failure of the successful Bidder to submit the above-mentioned Performance Security or sign the Contract shall constitute sufficient grounds for the annulment of the award and forfeiture of the Bid Security.  In that event the Employer may award the Contract to the Bidder offering the next Most Advantageous Bid.

 

  1. Procurement Related Complaint
    1. The procedures for making a Procurement-related Complaint are as specified in the BDS.

 

 

 

Section II - Bid Data Sheet

The following specific data for the Facilities to be procured shall complement, supplement, or amend the provisions in the Instructions to Bidders (ITB). Whenever there is a conflict, the provisions herein shall prevail over those in ITB.

A.  General

ITB 1.1

The reference number of the Request for Bids (RFB) is: SZ-ECC-561950-CW-RFB

The Employer is: Eswatini Electricity Company (EEC).

The name of the RFB is: Design, Supply and Installation of 11kV Auto reclosers (Plant)

The number and identification of lots (contracts) comprising this RFB is: one (1)

ITB 1.2 (a)

N/A

ITB 2.1

The Borrower is: Government of Kingdom of Eswatini

Loan or Financing Agreement amount: US$90 million

The name of the Project is: Accelerating Sustainable and Clean Energy Access Transformation (ASCENT) Eswatini

ITB 4.1

Maximum number of members in the JV shall be: Three (3)

ITB 4.5

A list of debarred firms and individuals is available on the Bank’s external website: http://www.worldbank.org/debarr.

ITB 4.11

This Bidding Process is not subject to prequalification.

B.  Bidding Document

ITB 7.1

For Clarification of Bid purposes only, the Employer’s address is:

Attention: Mr. Bongani Chauke, Procurement Manager

Address: Po Box 258, Head Office, Eluvatsini House,

Floor/Room number: Ground Floor                                                              

City: Mbabane 

Country: Kingdom of Eswatini (Swaziland)

Telephone: +268 2409 4065

Electronic mail address: bongani.chauke@eec.co.sz  and thobeka.gama@eec.co.sz

Requests for clarification should be received by the Employer no later than: 12 October 2026.

Web page: www.eec.co.sz

ITB 7.4

A pre-bid meeting shall take place at the following date, time and place:

Date:  10 September 2026

Time: 10h00 SAST

Place: Virtual

Join: https://teams.microsoft.com/meet/350969007718107?p=iaBABpQyLOD1SvWqoV

Meeting ID: 350 969 007 718 107

Passcode: vZ7TW3mc

A non-compulsory site visit conducted by the Employer shall be on 17nth and 18nth September 2026

Telephone: +268 2409 4062 

E-mail: thobeka.gama@eec.co.sz copied to bongani.chauke@eec.co.sz

Contact person/conference coordinator: Ms. Thobeka Gama, Procurement Specialist

ITB 7.6

The Employer shall not publish the Minutes of the pre-Bid meeting on the web page. However, the minutes of the pre-Bid meeting will be circulated to all bidders who have purchased the bidding document.

C.  Preparation of Bids

ITB 10.1

The language of the Bid is: English

All correspondence exchange shall be in English language.

Language for translation of supporting documents and printed literature is English.

ITB 11.2 (i)

The Bidder shall submit the following additional documents in the Technical Part of its Bid:

Code of Conduct for Contractor’s Personnel (ES)

The Bidder shall submit its Code of Conduct that will apply to Contractor’s Personnel (as defined in Sub-Clause 1.1.17 of the General Conditions of Contract), to ensure compliance with the Contractor’s Environmental and Social (ES) obligations under the Contract. The Bidder shall use for this purpose the Code of Conduct form provided in Section IV.  No substantial modifications shall be made to this form, except that the Bidder may introduce additional requirements, including as necessary to take into account specific Contract issues/risks.

A satisfactory code of conduct will contain obligations on all Contractor’s Personnel project staff (including sub-contractors and day workers) that are suitable to address the following issues, as a minimum.  Additional obligations may be added to respond to particular concerns of the region, the location and the project sector or to specific project requirements.  The code of conduct shall contain a statement that the term “child” / “children” means any person(s) under the age of 18 years.

The issues to be addressed include:

1.   Compliance with applicable laws, rules, and regulations.

2.   Compliance with applicable health and safety requirements to protect the local community, the Employer’s Personnel, and the Contractor’s Personnel

3.   Interactions with the local community(ies), members of the local community (ies), and any affected person(s) (for example to convey an attitude of respect, including to their culture and traditions)

4.   Sexual harassment

5.   Sexual exploitation and abuse

6.   Protection of children (including prohibitions against sexual activity or abuse, or otherwise unacceptable behavior towards children, limiting interactions with children, and ensuring their safety in project areas)

7.   Sanitation requirements

8.   Non retaliation against workers who report violations of the Code, if that report is made in good faith.

Management Strategies and Implementation Plans (MSIP) to manage the (ES) risks

The Bidder shall submit Management Strategies and Implementation Plans (MSIPs) to manage the following key Environmental and Social (ES) risks:

  • Gender Based Violence Action plan
  • Sexual Exploitation and Abuse (SEA) prevention and response action plan
  • Traffic Management Plan to ensure safety of local communities from construction traffic
  • Waste management plan

ITB 11.3(d)

The Bidder shall submit the following additional documents in the Financial Part of its Bid: N/A

ITB 13.1

Alternative Bids shall not be considered.

ITB 13.2

Alternatives to the Time Schedule shall not be permitted.

ITB 13.4

Alternative technical solutions shall not be permitted for the Plant and Installation Services.

ITB 17.1

Bidders shall quote for the following components or services on a single responsibility basis:

  • Design, supply, installation, configuration and commissioning of all 13 x 11kV auto reclosers

and

The supply of the following components or services will be provided under the responsibility of the Employer:

  • Wooden structures and steel crossarms for each installation.
  • 11kV/230 16kVA single phase transformer for auxiliary supply with corresponding surge protection, LV MCB in pole mounted box.
  • Bypass 11kV gang switch
  • Earthing material for all 13 sites
    • Clamps
    • Earth spikes
    • Camo conductor
    • Lugs for camo conductor
    • Earthing wire
    • Conductive cement

ITB 17.5 (a) and (d)

Place of destination: Matsapha Central Services Organization (CSO) – EEC Main Stores, Matsapha.

Final destination (Project Site): Various projects sites across the country with 150 km radius from the Matsapha Central Services Organization (CSO) – EEC Main Stores, Matsapha.

ITB 17.6

The Incoterms edition is: CIP-INCOTERMS 2020

ITB 17.7

The prices quoted by the Bidder shall not be subject to adjustment during the performance of the Contract.

ITB 18.1

The currency of bid and payment for Bidder from the Common Monetary Area (CMA) Countries shall be Employer’s Country Lilangeni (SZL).

Bidder from outside the Common Monetary Area (CMA) Countries is not required to quote in the currency of the Employer’s Country Lilangeni (SZL), the portion of the Bid price that corresponds to expenditures incurred in the Employer’s Country currencies.

ITB 19.1

The Bid shall be valid until: 23 January 2027

ITB 19.3 (a)

The Bid price shall be adjusted by the following factor(s): Not Applicable.

ITB 20.1

A Bid Security shall be required.

A Bid-Securing Declaration shall not be required.

If a Bid Security shall be required, the amount and currency of the Bid Security shall be  E50,000.00

ITB 20.3 (d)

Other types of acceptable securities: NONE

ITB 20.9

Not applicable

ITB 21.3

The written confirmation of authorization to sign on behalf of the Bidder shall consist of “Power of Attorney” (either notarized or attested by the appropriate authority in the Bidder’s home country) along with a copy of relevant Board Resolution.

Note: The Power of Attorney shall indicate that the person signing the Bid has the authority to sign the Bid and the Bid is binding upon the Bidder during the full period of its validity. In case of a Joint venture Bid, the Power of Attorney shall be signed by the appropriate official of each of the JV partner.

D.  Submission and Opening of Bids

ITB 22.1

In addition to the original Bid, the number of copies is: Two (2).

Notes:

  1. Electronic copies of the bid shall also be submitted in Flash Drive in the technical proposal envelope.
  2. The price schedule in MS-Excel format shall be submitted, in a separate flash drive in the financial proposal envelope.  

ITB 23.1

For Bid submission purpose only, the Procuring Agency’s address is:

Eswatini Electricity Company

Attention: Mr. Bongani Chauke

Street Address: Eluvatsini House, Mhlambanyatsi Road  

Floor/ Room number: Reception      

City: Mbabane

Country: Kingdom of Eswatini       

The deadline for Bid submission is:

Date: 23 October 2026

Time:11h00 SAST

Bidders shall not have the option of submitting their Bids electronically.

E. Public Opening of Technical Parts of Bids

ITB 26.1

The Bid opening shall take place at:

EEC Head Office

Street Address: Eluvatsini House, Mhlambanyatsi Road  

Floor/ Room number: Reception, Cubicle 1

City: Mbabane

Country: Kingdom of Eswatini

Date:  23 October 2026

Time: 11.15 AM SAST

The electronic Bid opening procedures shall be: N/A

ITB 26.6

The Letter of Bid - Technical Part and the sealed envelope marked “Second Envelope - Financial Part” shall be initialed by at least three (3) representatives of the Employer conducting Bid opening.

G.  Evaluation of Technical Part of Bids

ITB 32.2

The weight to be given for Rated Criteria (including technical and non-price factors) is: 0.5(50 %)

The technical factors and sub-factors, which for purposes of this document carry the same meaning as Rated Criteria, and the corresponding scores in % are:

No.

Rated Criterion

Weight

Subfactors and weight

1

Specific Experience of bidder, capability and suitability of subcontractors

15

  • Relevant similar project experience [5]
  • Bidder capability, resources and delivery record [4]
  • Subcontractor suitability, experience and assigned scope [4]
  • Local/regional support and service capability [2]

2

Technical compliance and plant design solution

25

  • Compliance with and level of exceeding employer’s technical requirements [10]
  • Soundness of plant design basis and process solution efficiency [5]
  • Equipment selection, quality and standards compliance and superiority [5]
  • System integration, reliability, maintainability and operability exceeding generic standards [5]

3

Approach, Methodology, method statement and implementation plan

20

  • Execution approach, procurement and logistics plan [5]
  • Detailed method statement and installation sequence [5]
  • Implementation plan, interfaces and outage management [4]
  • Quality control, inspection, testing and commissioning strategy [3]
  • Risk management, safety, environmental and social controls [3]

4

Key personnel and project organization

20

  • Project manager qualifications, experience and availability [3]
  • Key technical personnel qualifications and relevant experience [7]
  • Project organization structure and reporting lines [3]
  • Clarity of roles, responsibilities and resource allocation [3]
  • Local/regional support and specialist backup [4]

5

Programme, schedule and delivery plan

5

  • Completeness and realism of programme [2]
  • Critical path, milestones and interface alignment [2]
  • Resource loading, float and recovery measures [1]

6

Cybersecurity risk management and innovation

5

  • Cybersecurity risk assessment and mitigation controls [2]
  • Protection of automation, control, communications and remote access systems [1]
  • Alignment with recognized industrial cybersecurity practices [1]
  • Innovation that improves safety, reliability or maintainability [1]

7

Training, documentation, warranties and lifecycle support

10

  • Training plan, content and knowledge transfer [3]
  • Operation and maintenance documentation [2]
  • Spare parts strategy and lifecycle support [3]
  • Warranty, after-sales service and defects liability support [2]

Total

100

 

Minimum Acceptable Score for Technical Proposal 

70

 

 

Note:

  1. Bidders who attain a score less than 70 shall not be considered for financial evaluation.
  2. Rated Criteria, including technical and non-price factors, will be assessed for bids that meet the minimum qualification requirements and pass the pass/fail evaluation stage. This assessment focuses not on meeting minimum standards, but on the extent to which bids exceed them by adding value to the contract and introducing innovations that enhance contract performance outcomes.

H. Notification of Evaluation of Technical Parts and Public Opening of Financial Parts

ITB 33.5

The Letter of Bid – Financial Part and Schedules shall be initialed by three (3) representatives of the Employer conducting Bid opening.   

Each Financial Part of Bid shall be initialed by 3 representatives of the employer conducting the financial opening. Any modification to the total price shall be recorded and initialed by 3 Representatives of the Employer.

I.  Evaluation of Financial Part of Bids

36.1(f)

The adjustments shall be determined using the following criteria, from amongst those set out in Section III, Evaluation and Qualification Criteria:

  1. Deviation in Time for Completion: No
  2. Life cycle costs: the projected operating and maintenance costs during the life of the Facilities: No
  3. Functional Guarantees of the Facilities: No
  4. Work, services, facilities, etc., to be provided by the Employer: No

ITB 36.2

 

 

The currency that shall be used for Bid evaluation and comparison purposes to convert at the selling exchange rate all Bid prices expressed in various currencies into a single currency is: Lilangeni (SZL)

The source of exchange rate shall be: Central Bank of Eswatini

The date for the exchange rate shall be:  23 October 2026

J. Evaluation of Combined Technical and Financial Parts and Most Advantageous Bid

ITB 39.1

The weight to be given for cost is: 0.5 (50%)

K. Award of Contract

ITB 48.1

The procedures for making a Procurement-related Complaint are detailed in the “Procurement Regulations for IPF Borrowers (Annex III).” If a Consultant wishes to make a Procurement-related Complaint, the Consultant shall submit its complaint following these procedures, In Writing (by the quickest means available, such as by email or fax), to:

For the attention: Mr. Mphumuzi Maziya

Title/position: Managing Director

Client: Eswatini Electricity Company

Email address: mphumuzi.maziya@eec.co.sz copied bongani.chauke@eec.co.sz

A copy of the complaint can be sent for the Bank’s information and monitoring to: pprocurementcomplaints@worldbank.org

In summary, a Procurement-related Complaint may challenge any of the following:

  1. the terms of this Request for Proposal;
  2. the Client’s decision to award the contract.

 

 

Section III - Evaluation and Qualification Criteria (Without prequalification)

This section contains all the criteria that the Employer shall use to evaluate Bids and qualify Bidders. No other factors, methods or criteria shall be used other than specified in this Bidding document. The Bidder shall provide all the information requested in the forms included in Section IV, Bidding Forms.

Wherever a Bidder is required to state a monetary amount, Bidders should indicate the USD equivalent using the rate of exchange determined as follows:

Exchange rates shall be taken from the publicly available source identified in the ITB 36.2. Any error in determining the exchange rates in the Bid may be corrected by the Employer.

Table of Contents

 

1.         Qualification. 61

2.         Evaluation of Technical Part 62

3.         Evaluation of Financial Part 64

4.         Combined Evaluation. 66

5.         Multiple Contracts. 66

 

 

 

 

  1. Qualification

1.1       Qualification Requirements

The Bidder’s qualification shall be assessed in accordance with the Qualification table included in this section.

1.2       Contractor’s Representative and other Key Personnel

            The Bidder must demonstrate that it will have suitably qualified Contractor’s Representative and other suitably qualified (and in adequate numbers) key personnel, as described in the Employer’s Requirements.

The Bidder shall provide details of the Contractor’s Representative and other key personnel, and such other key personnel that the Bidder considers appropriate, together with their academic qualifications and work experience. The Bidder shall complete the relevant Forms in Section IV, Bid Forms.

1.3       Equipment

            The Bidder must demonstrate that it will have access to the key equipment required to perform the contract.

The Bidder shall provide further details of proposed items of equipment using the relevant Form in Section IV.

1.4       Subcontractors/Manufacturers

Subcontractors/manufacturers for major items of supply or services identified in the Initial Selection document must meet or continue to meet the minimum criteria specified therein for each item.

Subcontractors for the following additional major items of supply or services must meet the following minimum criteria, herein listed for that item:

Item No.

Description of Item

Minimum Criteria to be met

1

Telecommunication equipment

5 years’ experience in supplying and installing telecommunication equipment

2

Overhead line construction

5 years’ experience in distribution infrastructure construction

3

11kV Auto reclosers

10 years’ experience in the manufacturing of auto reclosers

4

Protection and SCADA

10 Years experience in protection and automation of electrical transmission or distribution systems

 

Failure to comply with this requirement will result in rejection of the subcontractor.

In the case of a Bidder who offers to supply and/or install Plant and equipment under the contract that the Bidder did not manufacture or otherwise produce and/or install, the Bidder shall provide the manufacturer’s authorization, using the form provided in Section IV, showing that the Bidder has been duly authorized by the manufacturer or producer of the related Plant and equipment or component to supply and/or install that item in the Employer’s country. The Bidder is responsible for ensuring that the manufacturer or producer complies with the requirements of ITB 4 and ITB 5 and meets the minimum criteria listed above for that item.

  1. Evaluation of Technical Part

The total technical points assigned to each Bid in the Evaluated Bid  Formula will be determined by adding and weighting the scores assigned by an evaluation committee to technical factors of the Bid  in accordance with the criteria set forth below.

 

No.

Rated Criterion

Weight

Key Assessment Considerations

1

Specific Experience of bidder, capability and suitability of subcontractors

15%

  • Demonstrated experience of the bidder in successfully completing similar assignment
  • Relevance of previous projects in terms of plant type, capacity, complexity, technology, operating environment and contract scope.
  • Evidence of successful delivery within agreed time, cost, quality, safety and performance requirements.
  • Suitability, capability and experience of proposed subcontractors for their assigned scope of work.
  • Clarity of subcontractor roles, responsibilities, interfaces and reporting arrangements.
  • Evidence that subcontractors have the required technical qualifications, resources, certifications, equipment and specialist expertise.
  • Prior working relationship between the main bidder and proposed subcontractors, including evidence of successful collaboration on similar projects.
  • Availability of local or regional support, service capability, spare parts access and specialist backup during implementation and defects liability period.

2

Technical compliance and plant design solution

25%

  • Compliance with employer’s requirements;
  • process design basis; performance guarantees; equipment selection; system integration; reliability, maintainability and operability; interfaces with existing infrastructure;
  • compliance with applicable standards.

3

Approach, Methodology, method statement and implementation plan

20%

  • Clarity and completeness of execution approach procurement and logistics plan
  • installation sequence; construction methodology detailed method statement; implementation plan; quality control;
  • inspection and test plans
  • commissioning strategy;
  • outage/interface management;
  • Completeness of project risk management
  • safety, environmental & social risk controls.

4

Key personnel and project organization

20%

  • Qualifications,
  • relevant experience and availability of proposed personnel
  • strength of project management structure
  • clarity of roles and responsibilities
  •  experience in similar plant design, supply and installation contracts
  • Loca/regional support and specialist backup.

5

Programme, schedule and delivery plan

5%

  • Completeness of the programme
  • critical path identification
  • engineering, procurement, manufacturing, delivery, installation, testing and commissioning timelines
  • resource loading; milestone alignment; float and recovery measures.

6

Cybersecurity risk management and innovation

5%

  • Assessment and management of cyber risks affecting plant automation, control, communications, remote access, vendor access, software, firmware, data integrity and operational continuity;
  • alignment with recognized industrial control system cybersecurity practices;
  • practical innovations that reduce cyber risk without compromising plant safety, reliability or maintainability.
  • Compliance with cybersecurity requirements

7

Training, documentation, warranties and lifecycle support

10%

  • Completeness of training plan and content; operation and maintenance documentation;
  • spare parts strategy and warranty support; after-sales service; regional maintenance capability; defects liability support.

Total

 

100%

 

 

 

TECHINICAL PART SCORING METHOLOGY

Evaluators will apply the following scoring guidance consistently to each rated criterion. Scores will be based on the extent to which the bidder’s submission demonstrates compliance, completeness, relevance, credibility of evidence, and practical suitability for the required scope of work.

Score

Rating

General Scoring Guidance

0

Non-responsive / No evidence

The submission does not address the criterion, provides no relevant evidence, or contains information that is materially non-compliant with the requirements. The response gives the evaluator no reasonable basis to confirm capability, compliance, or suitability.

1

Poor

The submission addresses the criterion only superficially or partially. Evidence is weak, generic, insufficient, incomplete, or not clearly relevant to the required scope. There are significant gaps, uncertainties, or weaknesses that may create delivery, compliance, performance, safety, operational, or support risks.

2

Acceptable

The submission adequately addresses the criterion and demonstrates basic compliance with the requirements. Evidence is generally relevant and sufficient, although some details may be missing or not fully developed. Any minor weaknesses are manageable and are not expected to materially affect delivery of the required scope.

3

Good

The submission addresses the criterion clearly and comprehensively. Evidence is relevant, credible, and well aligned with the requirements. The response demonstrates sound understanding, suitable capability, and a practical approach marginally exceeding minimum or generic standards. Even if there are very minor omissions or risks that can be readily clarified or managed.

4

Excellent

The submission fully addresses the criterion and exceeds the minimum requirements in a meaningful and relevant way. Evidence is strong, specific, verifiable, and directly applicable to the scope. The response demonstrates superior capability, robust risk controls, clear interfaces, reliable delivery arrangements, and added value without introducing unacceptable risk.

 

The score for each sub- factor (i) within a factor (j) will be combined with the scores of sub- factors in the same factor as a weighted sum to form the Factor Technical Score using the following formula:

 

where:

tji          = the technical score for sub- factor “i” in factor “j”

wji     =  the weight of sub- factor “i” in factor “j”,

k       =  the number of scored sub-factors in factor “j”

and       

The Factor Technical Scores will be combined in a weighted sum to form the total Technical Part Score using the following formula:

 

where:

Sj      =  the Factor Technical Score of factor “j”

Wj     =  the weight of factor “j” as specified in the BDS

n       =  the number of Factors

and    

Note: After the technical evaluation only, only bids that attains a score of 70 % and or above shall be considered for financial evaluation.

 

  1. Evaluation of Financial Part

The following factors and methods will apply:

    1. Time Schedule

Time to complete the Plant and Installation Services from the effective date specified in Article 3 of the Contract Agreement for determining time for completion of pre-commissioning activities is 6 months. No credit will be given for earlier completion.

 

Note: A compliant Bid must offer a contract completion within the time specified above. Bids offering a completion date beyond the maximum designated period shall be rejected as non-responsive.

 

    1. Life Cycle Costs

None

 

    1. Functional Guarantees of the Facilities

The minimum requirements stated in the Specification for functional guarantees required in the Specification are:

 

Functional Guarantee

Minimum (or Maximum, as appropriate) Requirement

1. All 11 kV auto reclosers as stated in the employer’s requirements.

100% operational functionality throughout the Warranty Period & Design Life.

 

The performance figures quoted on forms-FUNC and Technical Data Sheet shall be guaranteed within the tolerances permitted by relevant standards listed under Part-II, Employer’s Requirement, and shall become a part of the successful Bidder's Contract. For the purposes of evaluation, for each percentage point the functional guarantee of the proposed Plant and Installation Services is below the norm specified in the Specification and in the above table, but above the minimum acceptable levels also specified therein, an adjustment of 5% will be added to the Bid price.  If the drop below the norm the Auto reclosers will be rejected.

 

 

    1.  Sustainable Procurement

None

 

    1. Work, services, facilities, etc., to be provided by the Employer

None

 

  1. Combined Evaluation

The Employer will evaluate and compare the Bids that have been determined to be substantially responsive.

An Evaluated Bid Score (B) will be calculated for each responsive Bid using the following formula, which permits a comprehensive assessment of the evaluated cost and the technical merits of each Bid:

 

where

C     =          Evaluated Bid Cost

C low =          the lowest of all Evaluated Bid Costs among responsive Bids

T     =          the total Technical Score awarded to the Bid

Thigh    =          the Technical Score achieved by the Bid  that was scored best among all responsive Bids

X     =          weight for Cost as specified in the BDS

The Bid with the best evaluated Bid Score (B) among responsive Bids shall be the Most Advantageous Bid provided the Bidder is qualified to perform the Contract.

……………………………………………………………………………………

 

 

2. Qualification

Factor

1 Eligibility

Sub-Factor

Criteria

Documentation Required

Requirement

Bidder

Single Entity

Joint Venture(existing or intended)

All members combined

Each Partner

At least one Partner

1.1 Nationality

Nationality in accordance with ITB 4.4.

Must meet requirement

must meet requirement

Must meet requirement

N / A

Form ELI –1.1 and 1.2, with attachments

1.2 Conflict of Interest

No- conflicts of interests as described in ITB 4.2

Must meet requirement

must meet requirement

Must meet requirement

N / A

Letter of Bid

1.3 Bank Ineligibility

Not having been declared ineligible by the Bank as described in 4.5.

Must meet requirement

must meet requirement

Must meet requirement

N / A

Letter of Bid

1.4 State Owned Enterprise or Institution

Compliance with conditions of ITB 4.6

Must meet requirement

Must meet requirement

Must meet requirement

N / A

Form ELI  –1.1 and 1.2, with attachments

1.5 Ineligibility based on a United Nations resolution or Borrower’s country law

Not having been excluded as a result of the Borrower’s country laws or official regulations, or by an act of compliance with UN Security Council resolution, in accordance with ITB 4.8and Section V.

Must meet requirement

must meet requirement

Must meet requirement

N / A

Letter of Bid

 



 

Factor

2. Historical Contract Non-Performance

Sub-Factor

Criteria

Documentation  Required

Requirement

Bidder

Single Entity

Joint Venture (existing or intended)

All members combined

Each member

At least one member

2.1 History of non-performing contracts

Non-performance[1]of a contract did not occur within the last 5 years prior to the deadline for application submission, based on all information on fully settled disputes or litigation.  A fully settled dispute or litigation is one that has been resolved in accordance with the Dispute Resolution Mechanism under the respective contract, and where all appeal instances available to the Bidder have been exhausted.

Must meet requirement by itself or as member to past or existing JV

N / A

Must meet requirement[2]

N / A

Form CON - 2

2.2 Suspension

 Not under suspension based on execution of a Bid Securing Declaration or Proposal Securing Declaration pursuant to ITB 4.7 and ITB 20.9

Must meet requirement

Must meet requirement

Must meet requirement

Must meet requirement

Letter of Bid

2.3 Pending Litigation

Bid’s financial position and prospective long term profitability still sound according to criteria established in 3.1 below and assuming that all pending litigation will be resolved against the Bidder

Must meet requirement

 

N / A

Must meet requirement

N / A

Form CON – 2

2.4 Litigation History

No consistent history of court/arbitral  award decisions against the Bidder[3]since 1st January 2021

 

Must meet requirement

Must meet requirement

Must meet requirement

N/A

Form CON – 2

2.5 Declaration: Environmental and Social (ES) past performance

Declare any contract that has been suspended or terminated and/or performance security called by an employer for reasons of breach of environmental, or social (including Sexual Exploitation, and Abuse) contractual obligations in the past five years.[4]

Must make the declaration. Where there are Specialized Subcontractor/s, the Specialized Subcontractor/s must also make the declaration.

 

 

 

 

 

N/A

Each must make the declaration. Where there are Specialized Subcontractor/s, the Specialized Subcontractor/s must also make the declaration.

 

 

 

 

N/A

Form CON-3 ES Performance Declaration

2.6 Bank’s SEA and/or SH Disqualification

At the time of Contract Award, not subject to disqualification by the Bank for non-compliance with SEA/ SH obligations

Must meet requirement

(including each subcontractor proposed by the Bidder)

N/A

Must meet requirement (including each subcontractor proposed by the Bidder)

N/A

Letter of Bid, Form CON-4

 

Factor

3 Financial Situation

Sub-Factor

Criteria

Documentation Required

Requirement

Bidder

Single Entity

Joint Venture (existing or intended)

All members combined

Each member

At least one member

3.1 Financial Capabilities

Submission of audited balance sheets or if not required by the law of the Bidder’s Country, other financial statements acceptable to the Employer, for the last three [3] years to demonstrate the current soundness of the Bidders financial position and its prospective long-term profitability.

Must meet requirement

N / A

Must meet requirement

N / A

Form FIN – 3.1 with attachments

3.2 Average Annual Turnover

 

Minimum average annual construction turnover in supply and installation of electricity distribution infrastructure of US$ 1,720,000.00 (One million, seven hundred and twenty thousand), calculated as total certified payments received for contracts in progress and/or completed within the last three (3) years,

Must meet requirement

Must meet requirement

Must meet at least 30 % of the requirement

Must meet at least 70 % of the requirement

Form FIN –3.2

3.3 Financial Resources

 

The Bidder must demonstrate access to, or availability of, financial resources such as liquid assets, unencumbered real assets, lines of credit, and other financial means, other than any contractual advance payments to meet:

(i) the following cash-flow requirement:

USD $ 430,000.00 (four hundred and thirty thousand)

and

(ii) the overall cash flow requirements for this contract and its current commitments.

Must meet requirement

Must meet requirement

Must meet at least 30 % of the requirement

Must meet at least 70 % of the requirement

Form FIN –3.3

        

 

 

Factor

4 Experience

Sub-Factor

Criteria

Documentation Required

 

Requirement

Bidder

 

Single Entity

Joint Venture (existing or intended)

 

All members combined

Each member

At least one member

 

4.1 General Experience

Experience in supply, installation and commissioning of electricity distribution control systems under contracts in the role of main contractor, JV member, subcontractor, or management contractor for at least the last five (5) years starting 1st January 2021

Must meet requirement

 

N / A

Must meet requirement

 

N / A

Form EXP-4.1

 

4.2(a) Specific Experience

(a)Participation as contractor, joint venture member[5], management contractor, or subcontractor, in at least two (2) contracts within the last eight (8) years (from 1 January 2018), each with a value of at least $860,000.00 that have been successfully and substantially[6]completed and that are similar to the proposed Plant and Installation Services.

The similarity of the contracts shall be based on the physical size, complexity, methods, technology or other characteristics as described in Section VII, Employer’s Requirements.

Must meet requirement

Must meet requirements[7]

N / A

Must meet the following requirements for the key activities listed below

  • 2 contracts for Supply, Installation and commissioning of 11 to 33 kV auto-reclosers/circuit breakers in Sub-Sahara countries.

 

Form EXP 4.2(a)

 

 

4.2(b)  Specific Experience

(b) For the above or other contracts executed during the period stipulated in 4.2(a) above, a minimum experience in the following key activities:

  • Design, Supply, Installation, and Commissioning of at least two [2] of 11 to 33 kV auto-reclosers/circuit breakers within the last five [5] years; and
  •  At least one of the contracts shall have the complete scope of installation/integration to SCADA in a Sub-Sahara Africa

Bidders should submit details of previous projects and reference letters from clients in support of the projects they are using to demonstrate their qualifications.

The Employer may make independent inquiries about any or all of the projects referenced by bidders and may visit and examine the projects used by Bidders in support of their qualifications.

Must meet requirements

 

Must meet requirements[8]

N / A

Must meet the requirements

Form EXP-4.2(b)

 

4.2 (c) Specific Experience in managing ES aspects

For the contracts in 4.2 (a) above and/or any other contracts [substantially completed and under implementation] as prime contractor, joint venture member, or Subcontractor between 1st January 2021 and Application submission deadline, experience in managing ES risks and impacts in the following aspects:

  • Health and Safety on project areas and working areas
  • ESHS training of Contractor & local partners and staff; including induction training, health screening, training in correct use of PPEs, Project ESHS risks and hazards;
  • Waste management
  • Emergency Management

Must meet requirements

 

Must meet requirements

 

N/A

 

N/A

 

 

Form EXP – 4.2 (c)

 

 

 

Section IV - Bidding Forms

Table of Forms

 

Letter of Bid- Technical Part 79

Technical Proposal 82

Site Organization. 83

Method Statement 84

Mobilization Schedule. 85

Construction Schedule. 86

ES Management Strategies and Implementation Plans (ES-MSIP) 87

Sustainable Procurement Proposal 88

Risk assessment and Proposed Management Plan. 89

Code of Conduct for Contractor’s Personnel (ES) Form.. 90

Plant 94

Contractor’s Equipment 95

Functional Guarantees. 96

Personnel 97

Resume of Proposed Personnel 99

Proposed Subcontractors for Major Items of Plant and Installation Services. 100

Others - Time Schedule. 101

Bidders Qualification without prequalification. 115

Bidder Information Sheet 116

Party to JV Information Sheet 117

Historical Contract Non-Performance, Pending Litigation and Litigation History. 118

Current Contract Commitments / Works in Progress. 124

Financial Situation. 125

Historical Financial Performance. 125

Average Annual Turnover 127

Financial Resources. 128

Experience. 129

General Experience. 129

Specific Experience. 131

Specific Experience in Key Activities. 133

Form of Bid Security. 136

Form of Bid Security – Bank Guarantee. 136

Form of Bid Security- Bid Bond. 138

Form of Bid-Securing Declaration. 139

Manufacturer’s Authorization. 140

Schedule of Rates and Prices. 143

Schedule No. 1.  Plant and Mandatory Spare Parts Supplied from Abroad. 143

Country of Origin Declaration Form.. 144

Schedule No. 2.  Plant and Mandatory Spare Parts Supplied from Within the Employer’s Country. 145

Schedule No. 3.  Design Services. 146

Schedule No. 4.  Installation and Other Services. 147

Schedule No. 5.  Grand Summary. 148

Schedule No. 6.  Recommended Spare Parts. 149

Price Adjustment 150

 

 

Letter of Bid- Technical Part

INSTRUCTIONS TO BIDDERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED THE DOCUMENT

The Bidder must prepare this Letter of Bid on stationery with its letterhead clearly showing the Bidder’s complete name and business address.

Note: All italicized text is to help Bidders in preparing this form.       

 

Date of this Bid submission: [insert date (as day, month and year) of Bid submission]

RFB No.: [insert number of RFB process]

Alternative No.:[insert identification No if this is a Bid for an alternative]

We, the undersigned, hereby submit our Bid, in two parts, namely:

  1. the Technical Part, and
  2. the Financial Part

In submitting our Bid, we make the following declarations:

  1. No reservations: We have examined and have no reservations to the bidding document, including Addenda issued in accordance with Instructions to Bidders (ITB 8);
  2. Eligibility: We meet the eligibility requirements and have no conflict of interest in accordance with ITB 4;
  3. Bid-Securing Declaration: We have not been suspended nor declared ineligible by the Employer based on execution of a Bid-Securing Declaration or Proposal-Securing Declaration in the Employer’s country in accordance with ITB 4.7;
  4. Sexual Exploitation and Abuse (SEA) and/or Sexual Harassment (SH): [select the appropriate option from (i) to (v) below and delete the others].

We [where JV, insert: “including any of our JV members”], and any of our subcontractors:

  1. [have not been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations.]
  2. [are subject to disqualification by the Bank for non-compliance with SEA/ SH obligations.]
  3. [had been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations. An arbitral award on the disqualification case has been made in our favor.]
  4. [had been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations for a period of two years. We have subsequently provided and demonstrated that we have adequate capacity and commitment to comply with SEA and SH prevention and response obligations.]
  5. [had been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations for a period of two years. We have attached documents demonstrating that we have adequate capacity and commitment to comply with SEA and SH prevention and response obligations.]
  1. Conformity: We offer to provide design, supply and installation services in conformity with the bidding document of the following: [insert a brief description of the Plant, Design, Supply and Installation Services]                                                                                                                                                                                                                                                                      ;
  2. Bid Validity: Our Bid shall be valid until [insert day, month and year in accordance with ITB 19.1], and it shall remain binding upon us and may be accepted at any time on or before this date;
  3. Performance Security: If our Bid is accepted, we commit to obtain a Performance Security in accordance with the bidding document;
  4. One Bid Per Bidder: We are not submitting any other Bid(s) as an individual Bidder, and we are not participating in any other Bid(s) as a Joint Venture member, and meet the requirements of ITB 4.3, other than alternative Bids submitted in accordance with ITB 13;
  5. Suspension and Debarment: We, along with any of our subcontractors, suppliers, consultants, manufacturers, or service providers for any part of the contract, are not subject to, and not controlled by any entity or individual that is subject to, a temporary suspension or a debarment imposed by the World Bank Group or a debarment imposed by the World Bank Group in accordance with the Agreement for Mutual Enforcement of Debarment Decisions between the World Bank and other development banks. Further, we are not ineligible under the Employer’s country laws or official regulations or pursuant to a decision of the United Nations Security Council;
  6. State-owned enterprise or institution: [select the appropriate option and delete the other] [We are not a state-owned enterprise or institution] / [We are a state-owned enterprise or institution but meet the requirements of ITB 4.6];
  7. Binding Contract: We understand that this Bid, together with your written acceptance thereof included in your Letter of Acceptance, shall constitute a binding contract between us, until a formal contract is prepared and executed;
  8. Not Bound to Accept: We understand that you are not bound to accept the lowest evaluated cost Bid, the Most Advantageous Bid or any other Bid that you may receive; and
  9. Fraud and Corruption: We hereby certify that we have taken steps to ensure that no person acting for us or on our behalf engages in any type of Fraud and Corruption.

;

Name of the Bidder: *[insert complete name of the Bidder]

Name of the person duly authorized to sign the Bid on behalf of the Bidder: **[insert complete name of person duly authorized to sign the Bid]

Title of the person signing the Bid: [insert complete title of the person signing the Bid]

Signature of the person named above: [insert signature of person whose name and capacity are shown above]

Date signed [insert date of signing] day of [insert month], [insert year]

*: In the case of the Bid submitted by joint venture specify the name of the Joint Venture as Bidder

**: Person signing the Bid shall have the power of attorney given by the Bidder to be attached with the Bid

 

 

 

 

Technical Proposal

 

 

 

 

Site Organization

 

 

 

Method Statement

[Note to the Bidder: (i) As required in BDS 11.2 (i), also include method statement, management strategies, implementation plans and innovations; (ii) if there are assessed supply chain risks, the method statement must include proposed supply chain risks management plans.]

In addition, the Bidder/Contractor shall establish, implement and maintain a Method Statement for its specific Occupational Health & Safety (OHS) risks on site and describe mitigation measures to keep high risks under control. Method Statement is a type of health and safety document that Contractor shall use for high-risk work. It describes the steps (method) that workers must take to carry out a particular job safely. Primarily, they are for the benefit of those who will physically be carrying out the work, usually those working in the construction sector.

The document shall identify the potential hazards that may arise during a particular task and outline the necessary precautions that must be put in place and taken by workers. The statement must be as simple as possible to avoid any misinterpretations that could result in injury. Workers involved in the work shall read it, understand what is expected of them and follow the measures that are in place to keep them safe. Method Statement shall be approved by the Employer.

The Bidder/Contractor shall describe the method of work to keeping under control high risks and establish a permit to work system and issue a permit to work (PTW) for specific work. PTW shall be issued, but is not limited to, working at height, working in confined spaces, lone work, asbestos, hot work and the use of dangerous plant. Method Statements shall contain the following items but not limited to:

 

 

 

 

 

 

 

 

Mobilization Schedule

[Insert Technical Proposal for Mobilization Schedule]

 

 

 

 

Construction Schedule

The Bidder should chalk out proper mobilisation schedule and construction schedule along with the CPM/ PERT charts for execution of the Contract as a whole. Since no extension of time is anticipated unless exclusively warranted under critical circumstances, work programme for all key activities that may have bearing on project implementation should be clearly shown within the overall project schedule. For example, time required for import of equipment and construction materials together with time schedule within the overall schedule for preconstruction activities like surveys and investigations and preparation of construction drawings.

 

 

 

ES Management Strategies and Implementation Plans (ES-MSIP)

The Bidder shall submit comprehensive and concise Environmental and Social Management Strategies and Implementation Plans (ES-MSIP) as required by ITB 11.1 (j) of the Bid Data Sheet. These strategies and plans shall describe in detail the actions, materials, equipment, management processes etc. that will be implemented by the Contractor, and its subcontractors.

In developing these strategies and plans, the Bidder shall have regard to the ES provisions of the contract including those as may be more fully described in the Employer’s Requirements in Section VII.

 

 

 

Sustainable Procurement Proposal

Note to Bidder: In addition to submitting the required ES Management Strategies and Implementation Plans, the Bidder shall provide its proposal to demonstrate how additional sustainable procurement requirements, if any, specified in Section VII- Employer’s Requirements would be addressed. The Bidder shall also provide its proposal, if any, for exceeding the sustainable procurement requirements.

 

 

 

Risk assessment and Proposed Management Plan

The Bidder should submit a risk register identifying the hazards anticipated during the implementation of the contract.

For the key hazards ranked by impact, the risk register shall include a description of the hazard, an assessment of the potential impact on health and safety, environment, cost, program or other, and the proposed mitigation strategy for each hazard.

 

 

 

 

Note to the Bidder:

The minimum content of the Code of Conduct form as set out by the Employer shall not be substantially modified. However, the Bidder may add requirements as appropriate, including to take into account Contract-specific issues/risks. 

The Bidder shall initial and submit the Code of Conduct form as part of its bid.

 

Code of Conduct for Contractor’s Personnel (ES) Form

Note to the Employer:

The following minimum requirements shall not be modified. The Employer may add additional requirements to address identified issues, informed by relevant environmental and social assessment.

The types of issues identified could include risks associated with: labour influx, spread of communicable diseases, and Sexual Exploitation and Abuse (SEA), Sexual Harassment (SH) etc.

Delete this Box prior to issuance of the bidding documents.

 

 

 

 

We are the Contractor, [enter name of Contractor].  We have signed a contract with [enter name of Employer] for [enter description of the Facilities]. The Plant for the Facilities will be installed at [enter the Site]. Our contract requires us to implement measures to address environmental and social risks, related to the Installation Services i.e. services ancillary to the supply of the Plant for the Facilities, such as inland transportation, site preparation works/ associated civil works, installation, testing, precommissioning, commissioning, operations and maintenance etc. as the case may require.

This Code of Conduct is part of our measures to deal with environmental and social risks related to the Installation Services. 

All personnel that we utilize in the execution of the Contract, including staff, labor and other employees of us and of each Subcontractor, and any other personnel assisting us in the execution of the Contract, are referred to as Contractor’s Personnel.

This Code of Conduct identifies the behavior that we require from the Contractor’s Personnel employed for the execution of Installation Services at the Site (or other places in the country where the Site is located).

Our workplace is an environment where unsafe, offensive, abusive or violent behavior will not be tolerated and where all persons should feel comfortable raising issues or concerns without fear of retaliation.

REQUIRED CONDUCT

Contractor’s  Personnel employed for the execution of Installation Services at the Site (or other places in the country where the Site is located) shall:

  1. carry out his/her duties competently and diligently;
  2. comply with this Code of Conduct and all applicable laws, regulations and other requirements, including requirements to protect the health, safety and well-being of other Contractor’s Personnel and any other person;
  3. maintain a safe working environment including by:
    1. ensuring that workplaces, machinery, equipment and processes under each person’s control are safe and without risk to health;
    2. wearing required personal protective equipment;   
    3. using appropriate measures relating to chemical, physical and biological substances and agents; and
    4. following applicable emergency operating procedures.
  4. report work situations that he/she believes are not safe or healthy and remove himself/herself from a work situation which he/she reasonably believes presents an imminent and serious danger to his/her life or health;
  5. treat other people with respect, and not discriminate against specific groups such as women, people with disabilities, migrant workers or children;
  6. not engage in any form of sexual harassment including unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature with other Contractor’s or Employer’s Personnel;
  7. not engage in Sexual Exploitation, which means any actual or attempted abuse of position of vulnerability, differential power or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another;
  8. not engage in in Sexual Abuse,  which means the actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions;
  9. not engage in any form of sexual activity with individuals under the age of 18, except in case of pre-existing marriage;
  10. complete relevant training courses that will be provided related to the environmental and social aspects of the Contract, including on health and safety matters, and Sexual Exploitation and Abuse, and Sexual Harassment (SH);
  11.  report violations of this Code of Conduct; and
  12. not retaliate against any person who reports violations of this Code of Conduct, whether to us or the Employer, or who makes use of the grievance mechanism for Contractor’s Personnel or the project’s Grievance Redress Mechanism.

RAISING CONCERNS

If any person observes behavior that he/she believes may represent a violation of this Code of Conduct, or that otherwise concerns him/her, he/she should raise the issue promptly. This can be done in either of the following ways:

  1. Contact [enter name of the Contractor’s Social Expert with relevant experience in handling sexual exploitation, sexual abuse and sexual harassment cases, or if such person is not required under the Contract, another individual designated by the Contractor to handle these matters] in writing at this address [   ] or by telephone at [   ] or in person at [   ]; or
  2. Call [  ]  to reach the Contractor’s hotline (if any) and leave a message.

 

The person’s identity will be kept confidential, unless reporting of allegations is mandated by the country law. Anonymous complaints or allegations may also be submitted and will be given all due and appropriate consideration. We take seriously all reports of possible misconduct and will investigate and take appropriate action. We will provide warm referrals to service providers that may help support the person who experienced the alleged incident, as appropriate.

There will be no retaliation against any person who raises a concern in good faith about any behavior prohibited by this Code of Conduct.  Such retaliation would be a violation of this Code of Conduct. 

CONSEQUENCES OF VIOLATING THE CODE OF CONDUCT

Any violation of this Code of Conduct by the Contractor’s Personnel may result in serious consequences, up to and including termination and possible referral to legal authorities.

FOR CONTRACTOR’s PERSONNEL:

I have received a copy of this Code of Conduct written in a language that I comprehend.  I understand that if I have any questions about this Code of Conduct, I can contact [enter name of Contractor’s contact person(s) with relevant experience] requesting an explanation. 

Name of Contractor’s Personnel: [insert name]                                             Signature: __________________________________________________________

Date: (day month year): _______________________________________________

Countersignature of authorized representative of the Contractor:

Signature: ________________________________________________________

Date: (day month year): ______________________________________________

ATTACHMENT 1: Behaviors constituting SEA and behaviors constituting SH

 

 

 

ATTACHMENT 1 TO THE CODE OF CONDUCT FORM

 

BEHAVIORS CONSTITUTING SEXUAL EXPLOITATION AND ABUSE (SEA) AND BEHAVIORS CONSTITUTING SEXUAL HARASSMENT (SH)

 

The following non-exhaustive list is intended to illustrate types of prohibited behaviors.

  1. Examples of sexual exploitation and abuse include, but are not limited to:

 

  1. Examples of sexual harassment in a work context

 

 

 

Plant

 

Contractor’s Equipment

Form EQU

The Bidder shall provide adequate information to demonstrate clearly that it has the capability to meet the requirements for the key Contractor’s equipment listed in Section III, Evaluation and Qualification Criteria. A separate Form shall be prepared for each item of equipment listed, or for alternative equipment proposed by the Bidder.

 

Item of equipment

 

Equipment information

Name of manufacturer

 

Model and power rating

 

Capacity

 

Year of manufacture

Current status

Current location

 

 

Details of current commitments

 

 

 

Source

Indicate source of the equipment

     o Owned        o Rented      o Leased         o Specially manufactured

 

Omit the following information for equipment owned by the Bidder.

 

Owner

Name of owner

 

Address of owner

 

 

 

 

Telephone

Contact name and title

 

Fax

Telex

Agreements

Details of rental / lease / manufacture agreements specific to the project

 

 

 

 

 

Functional Guarantees

Form FUNC

 

The Bidder shall copy in the left column of the table below, the identification of each functional guarantee required in the Specification and stated by the Employer in para. 1.2 (c) of Section III, Evaluation and Qualification Criteria, and in the right column, provide the corresponding value for each functional guarantee of the proposed plant and equipment.

 

Required Functional Guarantee

Value of Functional Guarantee of the Proposed Plant and Equipment

1.

 

2.

 

3.

 

…

 

 

 

Personnel

Form PER -1

Contractor’s Representative and other Key Personnel

Schedule

Bidders should provide the names of suitably qualified personnel to meet the specified requirements stated in Section VII. The data on their experience should be supplied using the Form below for each candidate.

*As listed in Section III, Evaluation and Qualification Criteria.

Contractor’ Representative and Key Personnel

  1. 1.

Title of position: Contractor’s Representative

 

Name of candidate:

 

Duration of appointment:

[insert the whole period (start and end dates) for which this position will be engaged]

 

Time commitment: for this position:

[insert the number of days/week/months/ that has been scheduled for this position]

 

Expected time schedule for this position:

[insert the expected time schedule for this position (e.g., attach high level Gantt chart]

  1. 2.

Title of position: [Environmental Specialist]

 

Name of candidate:

 

Duration of appointment:

[insert the whole period (start and end dates) for which this position will be engaged]

 

Time commitment: for this position:

[insert the number of days/week/months/ that has been scheduled for this position]

 

Expected time schedule for this position:

[insert the expected time schedule for this position (e.g., attach high level Gantt chart]

  1. 3.

Title of position: [Health and Safety Specialist]

 

Name of candidate:

 

Duration of appointment:

[insert the whole period (start and end dates) for which this position will be engaged]

 

Time commitment: for this position:

[insert the number of days/week/months/ that has been scheduled for this position]

 

Expected time schedule for this position:

[insert the expected time schedule for this position (e.g., attach high level Gantt chart]

  1. 4.

Title of position: [Social Specialist]

 

Name of candidate: 

 

Duration of appointment:

[insert the whole period (start and end dates) for which this position will be engaged]

 

Time commitment: for this position:

[insert the number of days/week/months/ that has been scheduled for this position]

 

Expected time schedule for this position:

[insert the expected time schedule for this position (e.g., attach high level Gantt chart]

  1.  

Title of position: Sexual Exploitation, Abuse and Harassment Expert

 [Where a Project SEA risks are assessed to be substantial or high, key personnel shall include an expert/s with relevant experience in addressing sexual exploitation, sexual abuse and sexual harassment  cases]

 

Name of candidate

 

Duration of appointment:

[insert the whole period (start and end dates) for which this position will be engaged]

 

Time commitment: for this position:

[insert the number of days/week/months/ that has been scheduled for this position]

 

Expected time schedule for this position:

[insert the expected time schedule for this position (e.g., attach high level Gantt chart]

7.

Title of position: [insert title]

 

 

 

Form PER-2

 

Resume of Proposed Personnel 

Name of Bidder

 

 

Position

 

Personnel information

Name

 

Date of birth

 

Professional qualifications

 

Present employment

Name of employer

 

 

Address of employer

 

 

Telephone

 

Contact (manager / personnel officer)

 

Fax

 

E-mail

 

Job title

 

Years with present employer

 

Summarize professional experience over the last 20 years, in reverse chronological order. Indicate particular technical and managerial experience relevant to the project.

From

To

Company / Project / Position / Relevant technical and management experience

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Proposed Subcontractors for Major Items of Plant and Installation Services

 

A list of major items of Plant and Installation Services is provided below.

 

The following Subcontractors and/or manufacturers are proposed for carrying out the item of the facilities indicated.  Bidders are free to propose more than one for each item

 

 

Major Items of Plant and Installation Services

Proposed Subcontractors/Manufacturers

Nationality

11kV auto reclosers supply

 

 

Telecommunications equipment (data radios and antennas)

 

 

Overhead line construction

 

 

Protection and SCADA

 

 

 

 

Others - Time Schedule

(to be used by Bidder when alternative Time for Completion is invited in ITB 13.2)

 

 

 

 

 

 

 

 

 

 

 

 

 

Bidders Qualification without prequalification

To establish its qualifications to perform the contract in accordance with Section III, Evaluation and Qualification Criteria the Bidder shall provide the information requested in the corresponding Information Sheets included hereunder.

 

Form ELI 1.1

Bidder Information Sheet

Date:  ______________________

RFB No.: ___________________

Page ________ of _______ pages

 

1.  Bidder’s Legal Name

 

2.  In case of JV, legal name of each party:

 

3.  Bidder’s actual or intended Country of Registration:

4.  Bidder’s Year of Registration:

5.  Bidder’s Legal Address in Country of Registration:

 

6.  Bidder’s Authorized Representative Information

     Name:

     Address:

     Telephone/Fax numbers:

     Email Address:

 

7. Attached are copies of original documents of

    Articles of Incorporation (or equivalent documents of constitution or association), and/or documents of registration of the legal entity named above, in accordance with ITB 4.4

    In case of JV, letter of intent to form JV or JV agreement, in accordance with ITB 4.1

    In case of state-owned enterprise or institution, in accordance with ITB 4.6, documents establishing:

  • Legal and financial autonomy
  • Operation under commercial law
  • Establishing that the Bidder is not under the supervision of the Employer

8. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership. The successful Bidder shall provide additional information on beneficial ownership, using the Beneficial Ownership Disclosure Form.

 

 

Form ELI 1.2

Party to JV Information Sheet

Date: ______________________

RFB No.: ___________________

Page ________ of_ ______ pages

 

1.  Bidder’s Legal Name:

 

2.  JV’s Party legal name:

3.  JV’s Party Country of Registration:

4. JV’s Party Year of Registration:

 

5.  JV’s Party Legal Address in Country of Registration:

 

6.  JV’s Party Authorized Representative Information

Name:

Address:

Telephone/Fax numbers:

Email Address:

 

7. Attached are copies of original documents of

    Articles of Incorporation (or equivalent documents of constitution or association), and/or registration documents of the legal entity named above, in accordance with ITB 4.4.

   In case of a state-owned enterprise or institution, documents establishing legal and financial autonomy, operation in accordance with commercial law, and that they are not under the supervision of the Employer, in accordance with ITB 4.6.

8. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership. The successful Bidder shall provide additional information on beneficial ownership for each JV member using the Beneficial Ownership Disclosure Form.

 

 

 

Form CON – 2

Historical Contract Non-Performance, Pending Litigation and Litigation History

Bidder’s Legal Name:  _______________________                                              Date:  _____________________

JV Member Legal Name:  _______________________            ___________________

RFB No.:  __________________

Page _______ of _______ pages

 

Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria

    Contract non-performance did not occur since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, Sub-Factor 2.1.

    Contract(s) not performed since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, Sub-Factor 2.1

Year

Non- performed portion of contract

Contract Identification

 

Total Contract Amount (current value, currency, exchange rate and US$ equivalent)

[insert year]

[insert amount and percentage]

Contract Identification: [indicate complete contract name/ number, and any other identification]

Name of Employer: [insert full name]

Address of Employer: [insert street/city/country]

Reason(s) for nonperformance: [indicate main reason(s)]

[insert amount]

Pending Litigation, in accordance with Section III, Evaluation and Qualification Criteria

   No pending litigation in accordance with Sub-Factor 2.3.

   Pending litigation in accordance with Sub-Factor 2.3 as indicated below.

 

 

 

Year of dispute

Amount in dispute (currency)

Contract Identification

Total Contract Amount (currency), USD Equivalent (exchange rate)

 

 

Contract Identification: _________

Name of Employer: ____________

Address of Employer: __________

Matter in dispute: ______________

Party who initiated the dispute: ____

Status of dispute: ___________

 

 

 

Contract Identification:

Name of Employer:

Address of Employer:

Matter in dispute:

Party who initiated the dispute:

Status of dispute:

 

Litigation History in accordance with Section III, Evaluation and Qualification Criteria

        No Litigation History in accordance with Sub-Factor 2.4.

        Litigation History in accordance with Sub-Factor 2.4 as indicated below.

Year of award

Outcome as percentage of Net Worth

Contract Identification

Total Contract Amount (currency), USD Equivalent (exchange rate)

[insert year]

[insert percentage]

Contract Identification: [indicate complete contract name, number, and any other identification]

Name of Employer: [insert full name]

Address of Employer: [insert street/city/country]

Matter in dispute: [indicate main issues in dispute]

Party who initiated the dispute: [indicate “Employer” or “Contractor”]

Reason(s) for Litigation and award decision [indicate main reason(s)]

[insert amount]

      

 

 

 

Form CON – 3

Environmental and Social Performance Declaration

[The following table shall be filled in for the Bidder, each member of a Joint Venture and each Specialized Subcontractor]

Bidder’s Name: [insert full name]
Date: [insert day, month, year]
Joint Venture Member’s or Specialized Subcontractor’s Name: [insert full name]
RFB No. and title: [insert RFB number and title]
Page [insert page number] of [insert total number] pages

Environmental and Social Performance Declaration

in accordance with Section III, Evaluation and Qualification Criteria

  No suspension or termination of contract: An employer has not suspended or terminated a contract and/or called the performance security for a contract for reasons related to Environmental or Social (ES) performance since the date specified in Section III, Evaluation and Qualification Criteria, Sub-Factor 2.5.

  Declaration of suspension or termination of contract:  The following contract(s) has/have been suspended or terminated and/or Performance Security called by an employer(s) for reasons related to Environmental or Social (ES) performance since the date specified in Section III, Evaluation and Qualification Criteria, Sub-Factor 2.5. Details are described below:

Year

Suspended or terminated portion of contract

Contract Identification

 

Total Contract Amount (current value, currency, exchange rate and US$ equivalent)

[insert year]

[insert amount and percentage]

Contract Identification: [indicate complete contract name/ number, and any other identification]

Name of Employer: [insert full name]

Address of Employer: [insert street/city/country]

Reason(s) for suspension or termination: [indicate main reason(s) e.g., gender-based violence; sexual exploitation or sexual abuse breaches]

[insert amount]

[insert year]

[insert amount and percentage]

Contract Identification: [indicate complete contract name/ number, and any other identification]

Name of Employer: [insert full name]

Address of Employer: [insert street/city/country]

Reason(s) for suspension or termination: [indicate main reason(s)]

[insert amount]

…

…

[list all applicable contracts]

…

Performance Security called by an employer(s) for reasons related to ES performance

Year

Contract Identification

 

Total Contract Amount (current value, currency, exchange rate and US$ equivalent)

[insert year]

Contract Identification: [indicate complete contract name/ number, and any other identification]

Name of Employer: [insert full name]

Address of Employer: [insert street/city/country]

Reason(s) for calling of performance security: [indicate main reason(s) e.g., for gender-based violence; sexual exploitation, or sexual abuse breaches]

[insert amount]

 

 

 

 

 

 

Form CON – 4

Sexual Exploitation and Abuse (SEA) and/or Sexual Harassment Performance Declaration

[The following table shall be filled in by the Bidder, each member of a Joint Venture and each subcontractor proposed by the Bidder]

Bidder’s Name: [insert full name]
Date: [insert day, month, year]
Joint Venture Member’s or Subcontractor’s Name: [insert full name]
RFB No. and title: [insert RFB number and title]
Page [insert page number] of [insert total number] pages

SEA and/or SH Declaration

in accordance with Section III, Evaluation and Qualification Criteria

We:

¨ (a) have not been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations

¨  (b) are subject to disqualification by the Bank for non-compliance with SEA/ SH obligations

¨ (c) had been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations. An arbitral award on the disqualification case has been made in our favor.

[If (c) above is applicable, attach evidence of an arbitral award reversing the findings on the issues underlying the disqualification.]

 

 

 

 

 

Form CCC

Current Contract Commitments / Works in Progress

Bidders and each member to a JV should provide information on their current commitments on all contracts that have been awarded, or for which a letter of intent or acceptance has been received, or for contracts approaching completion, but for which an unqualified, full completion certificate has yet to be issued.

 

Name of contract

Employer, contact address/tel/fax

Value of outstanding work (current US$ equivalent)

Estimated completion date

Average monthly invoicing over last six months
(US$/month)

1.

 

 

 

 

 

2.

 

 

 

 

 

3.

 

 

 

 

 

4.

 

 

 

 

 

5.

 

 

 

 

 

etc.

 

 

 

 

 

 

 

Form FIN – 3.1

Financial Situation

Historical Financial Performance

Bidder’s Legal Name: _______________________                                               Date:  _____________________

JV Member Legal Name: _______________________                                 RFB   No.:  __________________

Page _______ of _______ pages

To be completed by the Bidder and, if JV, by each member

Financial information in US$ equivalent

Historic information for previous ______ (__) years

 (US$ equivalent in 000s)

 

2022/23

2023/24

2024/25

Avg.

Avg. Ratio

Information from Balance Sheet

Total Assets (TA)

 

 

 

 

 

Total Liabilities (TL)

 

 

 

 

Net Worth (NW)

 

 

 

 

 

Current Assets (CA)

 

 

 

 

 

Current Liabilities (CL)

 

 

 

 

Information from Income Statement

Total Revenue (TR)

 

 

 

 

 

Profits Before Taxes (PBT)

 

 

 

 

 

 

 

Attached are copies of financial statements (balance sheets, including all related notes, and income statements) for the years required above complying with the following conditions:

  1. Must reflect the financial situation of the Bidder or member to a JV, and not sister or parent companies
  2. Historic financial statements must be audited by a certified accountant
  3. Historic financial statements must be complete, including all notes to the financial statements
  4. Historic financial statements must correspond to accounting periods already completed and audited (no statements for partial periods shall be requested or accepted)

 

 

 

 

Form FIN – 3.2

Average Annual Turnover

Bidder’s Legal Name:  ___________________________                                      Date:  _____________________

JV Member Legal Name: ____________________________                           RFB No.:  __________________  

                                                                                      Page _______ of _______ pages

 

Annual turnover data 

Year

Amount and Currency

US$ equivalent

2022/23

 _________________________________________

____________________

2023/24

 _________________________________________

____________________

2024/25

 _________________________________________

____________________

*Average Annual Turnover

 _________________________________________

____________________

 

*Average annual turnover calculated as total certified payments received for work in progress or completed, divided by the number of years specified in Section III, Evaluation Criteria, Sub-Factor 2.3.2.

 

 

Form FIN3.3

Financial Resources

Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of credit, and other financial means, net of current commitments, available to meet the total cash flow demands of the subject contract or contracts as indicated in Section III, Evaluation and Qualification Criteria

Source of financing

Amount (US$ equivalent)

1.

 

 

2.

 

 

3.

 

 

4.

 

 

 

 

Form EXP 4.1

Experience

General Experience

Bidder’s Legal Name:  ____________________________                                  Date:  _____________________

JV Member Legal Name:  ____________________________                          RFB No.:  __________________

                                                                                      Page _______ of _______ pages

 

Starting Month / Year

Ending Month / Year

 

 Years*

Contract Identification

 

Role of Bidder

 

______

 

______

 

Contract name:

Brief Description of the  contract performed by the Bidder:

Name of Employer:

Address:

 

_________

 

 

______

 

______

 

Contract name:

Brief Description of the  contract  performed by the Bidder:

Name of Employer:

Address:

 

_________

 

 

______

 

______

 

Contract name:

Brief Description of the   contract performed by the Bidder:

Name of Employer:

Address:

 

_________

 

 

______

 

______

 

Contract name:

Brief Description of the  contract performed by the Bidder:

Name of Employer:

Address:

 

_________

 

 

______

 

______

 

Contract name:

Brief Description of the   contract  performed by the Bidder:

Name of Employer:

Address:

 

_________

 

 

______

 

______

 

Contract name:

Brief Description of the   contract   performed by the Bidder:

Name of Employer:

Address:

 

_________

 

 

*List calendar year for years with contracts with at least nine (9) months activity per year starting with the earliest year

Form EXP –4.2(a)

Specific Experience

Bidder’s Legal Name:  ___________________________                                      Date:  _____________________

JV Member Legal Name: _________________________                                 RFB No.:  __________________  

                                                                                      Page _______ of _______ pages

 

Similar Contract Number:  ___ of ___ required.

 

Information

Contract Identification

 

_______________________________________

Award date

Completion date

 

_______________________________________

_______________________________________

 

 

 

Role in Contract

Prime Contractor

Member in
JV

 

Management Contractor

Subcontractor

 

Total contract amount

US$__________

If member in a JV or subcontractor, specify participation of total contract amount

 

______%

 

 

___________

 

US$_______

 

Employer’s Name:

 

_______________________________________

Address:

 

Telephone/fax number:

E-mail:

 

_______________________________________

_______________________________________

_______________________________________

_______________________________________

       

 

 

 

Form EXP –4.2(a) (cont.)

Specific Experience (cont.)

Bidder’s Legal Name:  ___________________________                    Page _______ of _______ pages

JV Member Legal Name:  ___________________________

 

Similar Contract No. __[insert specific number] of [total number of contracts] ___ required

Information

Description of the similarity in accordance with Sub-Factor 4.2a) of Section III:

 

Amount

_________________________________

Physical size

_________________________________

Complexity

_________________________________

Methods/Technology

_________________________________

Physical Production Rate

 

_________________________________

 

 

 

 

Form EXP –4.2(b)

Specific Experience in Key Activities

Bidder’s Legal Name:  ___________________________                                      Date:  _____________________

JV Member Legal Name: _________________________                                 RFB No.:  __________________  

Subcontractor’s Legal Name: ______________          Page _______ of _______ pages

 

 

Information

Contract Identification

_______________________________________

Award date

Completion date

_______________________________________

_______________________________________

Role in Contract

Prime Contractor

Management Contractor

 

Subcontractor

 

Total contract amount

US$________

If member in a JV or subcontractor, specify participation of total contract amount

 

__________%

 

_____________

 

US$________

Employer’s Name:

_______________________________________

Address:

 

Telephone/fax number:

E-mail:

_______________________________________

_______________________________________

_______________________________________

_______________________________________

 

 

Form EXP –4.2 (b)(cont.)

Specific Experience in Key Activities (cont.)

Bidder’s Legal Name:  ___________________________                    Page _______ of _______ pages

JV Member Legal Name:  ___________________________

Subcontractor’s Legal Name: __________________________

 

 

Information

Description of the key activities in accordance with Sub-Factor 4.2b) of Section III:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Form EXP –4.2(c)

Specific Experience in Managing ES aspects and any additional sustainable procurement aspects

 

Bidder’s Legal Name:  ___________________________                                      Date:  _____________________

JV Member Legal Name: _________________________                                 RFB No.:  __________________  

Subcontractor’s Legal Name: ______________          Page _______ of _______ pages

        1. Key Requirement no 1 in accordance with 4.2 (c): __

____________________

Contract Identification

 

Award date

 

Completion date

 

Role in Contract

 

Prime Contractor

Member in
JV

Management Contractor

Subcontractor

Total Contract Amount

                                                          US$ ____________

Details of relevant experience

 

        1. Key Requirement no 2 in accordance with 4.2 (c): ______________________
        2. Key Requirement no 3 in accordance with 4.2 (c): ______________________

 

 

 

 

Form of Bid Security

Form of Bid Security – Bank Guarantee

 

[The bank shall fill in this Bank Guarantee Form in accordance with the instructions indicated.]

 

[Guarantor letterhead or SWIFT identifier code]

Beneficiary:  [Employer to insert its name and address]

RFB No.:[Employer to insert reference number for the Request for Bids]

Alternative No.: [Insert identification No if this is a Bid for an alternative]

Date:[Insert date of issue]

BID GUARANTEE No.:[Insert guarantee reference number]

Guarantor:  [Insert name and address of place of issue, unless indicated in the letterhead]

We have been informed that ______ [insert name of the Bidder, which in the case of a joint venture shall be the name of the joint venture (whether legally constituted or prospective) or the names of all members thereof](hereinafter called "the Applicant") has submitted or will submit to the Beneficiary its Bid (hereinafter called "the Bid") for the execution of ________________ under RFB No. ____________

Furthermore, we understand that, according to the Beneficiary’s conditions, Bids must be supported by a Bid guarantee.

At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding in total an amount of ___________ (____________) upon receipt by us of the Beneficiary’s complying demand, supported by the Beneficiary’s statement, whether in the demand itself or a separate signed document accompanying or identifying the demand, stating that either the Bidder:

(a)     has withdrawn its Bid prior to the Bid validity expiry date set forth in the Applicant’s Letter of Bid, or any extended date provided by the Applicant; or

(b)    having been notified of the acceptance of its Bid by the Beneficiary prior to the expiry date of the Bid validity or any extension thereto provided by the Applicant, (i) has failed to execute the Contract Agreement, or (ii) has failed to furnish the Performance Security, in accordance with the Instructions to Bidders (“ITB”) of the Beneficiary’s bidding document.

This guarantee will expire: (a) if the Applicant is the successful Bidder, upon our receipt of copies of the contract agreement signed by the Applicant and the Performance Security issued to the Beneficiary in relation to such contract agreement; or (b) if the Applicantis not the successful Bidder, upon the earlier of (i) our receipt of a copy of the Beneficiary’s notification to the Applicant of the results of the Bidding process; or (ii)twenty-eight days after the expiry date of the Bid validity.

Consequently, any demand for payment under this guarantee must be received by us at the office indicated above on or before that date.

This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No. 758.

 

_____________________________

[Signature(s)]

Note:  All italicized text is for use in preparing this form and shall be deleted from the final product.

 

 

Manufacturer’s Authorization

 

Date: __________________

RFB No.: _________________

To:  ________________________

WHEREAS

 

We ___________________, who are official manufacturers of____________________, having factories at _____________________, do hereby authorize ______________________ to submit a Bid the purpose of which is to provide the following goods, manufactured by us _______________________, and to subsequently negotiate and sign the Contract.

 

We hereby extend our full guarantee and warranty in accordance with Clause 27 of the General Conditions, with respect to the goods offered by the above firm.

 

Signed: _______________________________________

 

 

Name: ______________________________________       

 

Title:______________________________________

 

Duly authorized to sign this Authorization on behalf of: ______________________________________

 

Dated on ____________ day of __________________, _______

 

INSTRUCTIONS TO BIDDERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED THE DOCUMENT

The Bidder must prepare this Letter of Bid on stationery with its letterhead clearly showing the Bidder’s complete name and business address.

Note: All italicized text is to help Bidders in preparing this form.


Letter of Bid - Financial Part

 

Date of this Bid submission: [insert date (as day, month and year) of Bid submission]

Request for Bid No.: [insert identification]

Alternative No.: [insert identification No if this is a Bid for an alternative]

 

To: [insert complete name of Employer]

 

We, the undersigned, hereby submit the second part of our Bid, the Bid Price and Bill of Quantities. This accompanies the Letter of Bid- Technical Part.

In submitting our Bid, we make the following additional declarations:

  1. Bid Validity: Our Bid shall be valid until [insert day, month and year in accordance with ITB 19.1], and it shall remain binding upon us and may be accepted at any time on or before this date;
  2. Total Price: The total price of our Bid, excluding any discounts offered in item (f) below is: [Insert one of the options below as appropriate]

[Option 1, in case of one lot:]  Total price is: [insert the total price of the Bid in words and figures, indicating the various amounts and the respective currencies];

Or

[Option 2, in case of multiple lots:] (a) Total price of each lot [insert the total price of each lot in words and figures, indicating the various amounts and the respective currencies]; and (b) Total price of all lots (sum of all lots) [insert the total price of all lots in words and figures, indicating the various amounts and the respective currencies];

  1. Discounts: The discounts offered and the methodology for their application are:

(i) The discounts offered are: [Specify in detail each discount offered]

(ii) The exact method of calculations to determine the net price after application of discounts is shown below: [Specify in detail the method that shall be used to apply the discounts];

  1. Commissions, gratuities and fees: We have paid, or will pay the following commissions, gratuities, or fees with respect to the Bidding process or execution of the Contract: [insert complete name of each Recipient, its full address, the reason for which each commission or gratuity was paid and the amount and currency of each such commission or gratuity].

   

Name of Recipient

Address

Reason

Amount

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(If none has been paid or is to be paid, indicate “none.”)

 

Name of the Bidder:*[insert complete name of  the Bidder]

Name of the person duly authorized to sign the Bid on behalf of the Bidder: ** [insert complete name of person duly authorized to sign the Bid]

Title of the person signing the Bid: [insert complete title of the person signing the Bid]

Signature of the person named above: [insert signature of person whose name and capacity are shown above]

Date signed [insert date of signing] day of [insert month], [insert year]

 

*: In the case of the Bid submitted by a Joint Venture specify the name of the Joint Venture as Bidder.

**: Person signing the Bid shall have the power of attorney given by the Bidder. The power of attorney shall be attached with the Bid Schedules

 

 

 

Schedule of Rates and Prices

Price schedule to be accessed from the following link:

11kV Auto Reclosers

Schedule No. 1.  Plant and Mandatory Spare Parts Supplied from Abroad

 

 

Country of Origin Declaration Form

 

 

Schedule No. 2.  Plant and Mandatory Spare Parts Supplied from Within the Employer’s Country

 

 

 

1 Specify currency in accordance with specifications in Bid Data Sheet under ITB 18.1

 

 

 

 

 

Schedule No. 3.  Design Services

 

 

 

 

 

 

 

Schedule No. 4.  Installation and Other Services

 

 

 

Schedule No. 5.  Grand Summary

 

 

 

 

 

Price Adjustment

 

If price adjustment applies in accordance with ITB 17.9, the Bidder shall indicate the sources of indices and source of exchange rate (if applicable) and the base date indices in its Bid.

Item

Source of Indices

Base date Indices

Source of exchnage rate (if applicable)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section V - Eligible Countries

 

Eligibility for the Provision of Goods, Works and Non-Consulting Services in
Bank-Financed Procurement

 

In reference to ITB 4.8 and 5.1, for the information of the Bidders, at the present time firms, goods and services from the following countries are excluded from this Bidding process: None

Under ITB 4.8 (a) and 5.1: None


 

 

Section VI - Fraud and Corruption

(this Section shall not be changed)

 

  1. Purpose
    1. The Bank’s Anti-Corruption Guidelines and this annex apply with respect to procurement under Bank Investment Project Financing operations.
  2. Requirements
  1. The Bank requires that Borrowers (including beneficiaries of Bank financing); bidders (applicants/proposers), consultants, contractors and suppliers; any sub-contractors, sub-consultants, service providers or suppliers; any agents (whether declared or not); and any of their personnel, observe the highest standard of ethics during the procurement process, selection and contract execution of Bank-financed contracts, and refrain from Fraud and Corruption.
  2. To this end, the Bank:
  1. Defines, for the purposes of this provision, the terms set forth below as follows:
  1. “corrupt practice” is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party;
  2. “fraudulent practice” is any act or omission, including misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain financial or other benefit or to avoid an obligation;
  3. “collusive practice” is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party;
  4. “coercive practice” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party;
  5. “obstructive practice” is:
  1. deliberately destroying, falsifying, altering, or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a Bank investigation into allegations of a corrupt, fraudulent, coercive, or collusive practice; and/or threatening, harassing, or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or
  2. acts intended to materially impede the exercise of the Bank’s inspection and audit rights provided for under paragraph 2.2 e. below.
  1. Rejects a proposal for award if the Bank determines that the firm or individual recommended for award, any of its personnel, or its agents, or its sub-consultants, sub-contractors, service providers, suppliers and/ or their employees, has, directly or indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing for the contract in question;
  2. In addition to the legal remedies set out in the relevant Legal Agreement, may take other appropriate actions, including declaring misprocurement, if the Bank determines at any time that representatives of the Borrower or of a recipient of any part of the proceeds of the loan engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices during the procurement process, selection and/or execution of the contract in question,  without the Borrower having taken timely and appropriate action satisfactory to the Bank to address such practices when they occur, including by failing to inform the Bank in a timely manner at the time  they knew of the practices;
  3. Pursuant to the Bank’s Anti- Corruption Guidelines and in accordance with the Bank’s prevailing sanctions policies and procedures, may sanction a firm or individual, either indefinitely or for a stated period of time, including by publicly declaring such firm or individual ineligible (i) to be awarded or otherwise benefit from a Bank-financed contract, financially or in any other manner;[9] (ii) to be a nominated[10] sub-contractor, consultant, manufacturer or supplier, or service provider of an otherwise eligible firm being awarded a Bank-financed contract; and (iii) to receive the proceeds of any loan made by the Bank or otherwise to participate further in the preparation or implementation of any Bank-financed project;
  4. Requires that a clause be included in bidding/request for proposals documents and in contracts financed by a Bank loan, requiring (i) bidders (applicants/proposers), consultants, contractors, and suppliers, and their sub-contractors, sub-consultants, service providers, suppliers, agents, personnel, permit the Bank to inspect[11] all accounts, records and other documents relating to the procurement process, selection and/or contract execution, and to have them audited by auditors appointed by the Bank.

 

PART 2 - Employer’s Requirements

 

Section VII - Employer’s Requirements

 

Contents

Scope of Supply of Plant and Installation Services by the Contractor. 160

Specification. 161

Forms and Procedures. 168

Form of Completion Certificate. 169

Change Order Procedure and Forms. 171

Change Order Procedure. 172

Annex 1.  Request for Change Proposal 173

Annex 2.  Estimate for Change Proposal 175

Annex 3.  Acceptance of Estimate. 177

Annex 4.  Change Proposal 178

Annex 5.  Change Order 181

Annex 7.  Application for Change Proposal 184

Drawings. 186

Supplementary Information. 187

 

 

 

 

Scope of Supply of Plant and Installation Services by the Contractor

The scope covers the design, supply, equipment installation and commissioning of the 13 pole mounted 11kV auto-reclosers as per the configuration shown in the figure below. The scope highlighted below is a guide to the bidder and any tasks necessary to deliver the project as per the bidder’s design should be included in the scope to be submitted.

 

 

    1. Design

 

The following is to be done by the supplier.

  1. Prepare design report and drawings for the structure to replace existing auto-reclosers with fully remotely operated breakers. The same design to be also used in the proposed new sites. (One Standard Structure – To be used in all 13 structures).
  2. Design and install an earthing system where the earth resistance should be less than 5 ohms.
  3. Drawings to be approved by EEC prior to installation.
  4. Specify interface between pole mount Control Unit and Breaker
  5. Capture coordinates of the different points where the remotely controlled auto-reclosers will be installed and check for UHF signal availability in all the sites.
  6. Do frequency planning for UHF Data radios to be used for communication between SCADA – NCC and Control Unit.

Note: In certain instances, use the nearest substation with UMUX Interface.

    1. Procurement:

The following will have to be procured for the project.

Externally (Provided by supplier):

  1. 13 Remotely controlled auto recloser breakers, accessories, software and licencing. The general circuit breaker specification is included under ‘Specifications.’ This includes the Control Units and Switchgear.
  2. Data radios with UHF antennas (Depending on frequency planning) , accessories, software and licencing.
  3. Depending on interface between radios, control unit and breaker – supplier to provide interface cables and accessories.
  4. Single phase Power cables and accessories.
  5. 11kV Lightning arrestors
  6. labels – danger signs
  7. 11kV Isolating links
  8. Overhead line material and accessories

 

Internal (To be supplied by EEC).

  1. Procure D10 poles (10) limited to 4 structures per site with the relevant cross–arm depending on design.
  2. Earthing equipment for all 13 sites (camo conductor, spikes, clamps, lugs for camo conductor, conductive cement). Ensure earth resistance for site is less than 5 Ohms – depending on design.
  3. 13 of 16kVA single phase transformers, combi units, LV MCB, pole mounted boxes.
  4. ACSR overhead conductor Hare and Mink
    1. Installation and Commissioning

Construction (Supplier):     

  1. Dismantling of existing 13 structures where applicable.
  2. Erect the up the pole structure per site in all the identified 13 structures.
  3. Install, test and commission Auto recloser and mount control unit.
  4. String ACSR and install corresponding dropout fuses.
  5. Ensure all equipment in structure is properly earthed and take earth resistance for record keeping. (Earth resistance to be below 5 Ohms)
  6. Install, test and commission 16kVA transformers and corresponding MV LV equipment
  7. Recover old recloser for disposal / keeping as spare (to be done by EEC).
  8. Installation of bypass gang switch and structure (to be done by EEC).

 

Protection (bidder):

  1. Configure the breaker and prepare it for interface with the SCADA System.
  2. Ensure all analogue and digital points are ready for the SCADA department.
  3. Commission the breaker with the SCADA department.

 

Telecommunications (Supplier):

  1. Install Data radio with all accessories (Antenna, feeder cable, and interface to Control Unit) and ensure connectivity to NCC.
  2. Configure the Data radio.
  3. Commission link to NCC.
  4. Ensure all the radio equipment is properly earthed.

 

SCADA (Supplier):

  1. Build all the breakers in the main SCADA System together with EEC personnel.
  2. Mount Control Unit and configure it for remote operation to NCC.
  3. Ensure proper earthing of all SCADA equipment and provide power backup for Control Unit.
  4. Test and Commission the auto recloser to NCC with EEC personnel.
  5. Prepare final documentation for all the SCADA related equipment.
  6. Update the network diagram as per procedure for all new projects (to be done by EEC).
    1. Training

Provide formal training on the equipment as well. This should be specified in the quotation for the project. The training should be done before project implementation (State the period for training on the breaker, control unit and any other training that might be required for the project). Training should cover 25 technicians from the different sections internally (SCADA, Protection, Switchgear, Distribution, Telecoms).

  1. METHODOLOGY

The bidders are expected to provide a methodology showing how the design, construction, installation and commissioning exercise will be carried out. Include block diagrams where appropriate showing how the entire system integrates. This will indicate the level of understanding of what is expected from the Plant design, supply and installation Contractor.

 

 

 

Specification

This specification covers the requirements for an automatic electrically controlled three phase vacuum recloser for distribution systems. The recloser is intended for radial, loop, and meshed networks.

    1. Quality Assurance

 

3.2.1 Manufacturer qualifications: The chosen manufacturer shall have at least 10 years’ experience in manufacturing vacuum reclosers. The manufacturer of the reclosers shall be completely and solely responsible for the performance of the reclosers as a complete integrated assembly as rated.

3.2.2 Main recloser components such as circuit breaker, vacuum interrupters, current and voltage sensors, control cubicle and software shall be manufactured by the same manufacturer.

3.2.3 The manufacturer shall be able to submit the confirmation of certification or ratings of the reclosers upon request.

3.2.4 The recloser shall be manufactured and type tested according to requirements of applicable industry standards:

            a) IEC 62271-111

            b) IEEE C37.60

3.2.5 The recloser manufacturing process shall be complying with the standard ISO 9001, Quality Management System.

3.2.6 The type test reports should be issued not more than 5 years before the submission date.

3.2.7 The manufacturer shall provide minimum 5-year warranty for all components provided.

3.2.8 The circuit breaker shall be maintenance free over a total life expectancy.

 

3.3   Delivery, storage, and handling

3.3.1 Packing components shall not contain any materials that are hazardous to the environment or personnel. No special methods of disposal shall be required.

3.3.2 All recloser components including circuit breaker, control cubicle, installation frame, pole interface provisions, fasteners shall be delivered in a single package made of recyclable materials.

3.3.3 The package gross weight shall not exceed 300 kg.

3.3.4 It shall be possible to stack at least two original packages during transportation and storage.

3.3.5 The package shall allow stapling and outdoor storage in case indoor storage is unavailable. Unpacked and assembled equipment shall be storable outdoor for not less than 1 year without additional treatment before installation.

3.3.6 All recloser components shall be installed, assembled, and tested in accordance with the requirements of current specification. The recloser shall be delivered fully assembled on the mounting frame and ready for the installation. 

3.3.7 The recloser installation kit shall be designed to reduce the number of lifting operations.

3.4 Technical Specification

3.4.1 General

3.4.1.1 Technical parameters

a)

Rated maximum voltage, kV

12…15

d)

Rated lightning impulse withstand voltage (peak), kV

110

e)

Rated continuous current, A

630

h)

Rated short-circuit breaking current, kA

16

i)

Rated peak withstand current, kA

41.6

j)

Rated short time withstand current, kA

16

k)

Rated duration of short circuit, s

4

l)

Rated frequency, Hz

50

 

3.4.1.2 Power supply characteristics

a)

Supply voltage range shall not be less than, V

85 … 265 AC

110 … 220 DC

b)

Rated power consumption shall not exceed, VA

40

c)

Maximum power consumption shall not exceed, VA

75

d)

Duration of operation without auxiliary supply shall be not less than, hours

48

3.4.2 Recloser control

3.4.2.1 The recloser operation shall be controlled by electronic control modules.

3.4.2.2 The recloser control shall provide the following functions: measurement, protection, monitoring, and remote communication.

3.4.2.3 The recloser control air circulation and dehydration shall be organized to avoid using any humidity control devices or heaters.

3.4.2.4 The external and internal doors shall be able to be securely fixed in the open position.

3.4.2.5 It shall be possible to connect the laptop with configuration software by means of serial interface (USB, RS232).

3.4.2.6 Ethernet (RJ45), Optical Ethernet (SC) SCADA and wireless local engineering access interfaces (Bluetooth, Wi-Fi) shall be available for ordering optionally.

3.4.2.7 The recloser control shall be equipped with a prewired provision for power supply outlet installation. Socket shall be MCB protected.

3.4.2.8 The recloser control shall be equipped with a removable provision for communication equipment installation. It shall be located at the top of the controller and provide at least 326x180x108mm space for communication equipment. Stationary provision is not accepted.

3.4.2.9 The recloser control shall be equipped with the control panel module. The module shall provide local control and indication functions by LED, display, and buttons.

3.4.2.10 The local control panel module shall be equipped with USB A interface.

3.4.2.11 The control panel box shall have a provision for a padlock.

3.4.3 Rechargeable Battery

3.4.3.1 The recloser shall be supplied with rechargeable battery to provide the recloser control with auxiliary power when the main auxiliary power is not present.

3.4.3.2 The battery shall be of a sealed lead acid.

3.4.4.3 The battery shall provide ten full auto reclosing cycles for the recloser without auxiliary power supply.

3.4.4 Protection

The auto-recloser shall have the following protection functionalities but not limited to:

  1. Cold load pickup
  2. Source detector
  3. Combined overcurrent and earth fault auto-reclosing
  4. Directional phase overcurrent
  5. Directional sensitive earth fault
  6. Directional earth fault
  7. Loss of supply
  8. Zone sequence coordination
  9. Voltage and current unbalance
  10. Under-voltage and over voltage auto reclosing

 

3.4.5 Communication

The recloser control shall provide:

3.4.5.1 PMR Telecoms Integration

1 General Integration

  1. Turnkey Connectivity Responsibility: The Contractor shall be fully responsible for the complete end-to-end integration of each Pole-Mounted Recloser (PMR) into the Employer’s existing telecoms network via the DNP3 protocol over a 12.5 kHz licensed radio channel.

 

  1. Scope of Supply: The Contractor shall provide a fully operational, integrated telemetry solution. The Contractor’s scope of supply shall include all hardware, software, licenses, interfaces, and equipment required to establish communication between the PMR and the designated access point, with the sole exception of the physical radio frequency license.

 

2 Equipment and Hardware Requirements

  1. Telemetry Equipment Supply: If an existing Employer-owned Trio QB Access Point has the RF and protocol capacity to absorb the new PMR(s), the Contractor shall supply only the remote-end equipment. This includes, but is not limited to:
  2. Greenfield Access Point Provisions: If the Employer determines that existing Access Points cannot absorb the new PMR(s) due to capacity, bandwidth limitations or geographical line-of-sight constraints, the Contractor shall design and supply a completely new network node. In this scenario, the Contractor’s scope shall expand to include:

 

  1. Radio Frequency and Licensing
  1. Employer Responsibility: The Employer will retain ownership of the radio spectrum (400 – 430MHz). Should the Contractor’s network design or capacity calculations necessitate a new operating frequency, the Employer will undertake and finance the procurement of the new frequency license from the local regulatory authority.
  2. Contractor Responsibility: The Contractor must formally notify the Employer in writing during the engineering design phase if a new frequency or access point is required. The Contractor shall provide all technical data necessary for the Employer to file the regulatory spectrum application.

 

3.4.5.2 SCADA/Telemetry Integration

  1. General
    1. The Contractor shall be responsible for the telemetry configuration and commissioning of the PMR, aligned to the protocol requirements between the SCADA master and the PMR.
    2. The configuration shall align with the standard addressing requirements for each site
    3. The Controller/control panel shall have a Type M plug for 230VAC, to allow laptop use on-site.
  2. Protocols
    1. The protocol of communication shall be DNP3.0 (Subset Level 3) via the telecoms backbone.
    2. IEC 60870-5-101 and IEC 60870-5-104 shall be available options for client-server communication.
    3. The PMR controller shall be configurable for unsolicited communication or reporting to the master.
    4. The controller shall be configured for time synchronization with the master or where possible or practical via a GPS based local clock

 

  1. Interfaces/ Ports

 

The PMR panel/controller shall have the following interfaces/ports

 

Port

Physical Interface

Typical Use

USB

USB Type-B (front panel)

Local engineering

RS-232 Port

DB9

SCADA serial communications (DNP3 Serial, IEC60870-5-101)

Ethernet

RJ45 10/100 Mbps

SCADA over DNP3 TCP, IEC 60870-5-104

RS-485

Optional

Third-party modem or serial communications

 

  1. Cybersecurity

The following are key cybersecurity requirements;

 

 

Environmental and Social (ES) requirements

The project Environmental and Social Safeguards and tentative Contractor – Environment & Social Management Plan templates can be accessed in the following link:

11kV Auto Reclosers

1. ENVIRONMENTAL AND SOCIAL MANAGEMENT REQUIREMENTS

The Contractor shall comply with all environmental impact prevention and mitigation measures outlined in the Environmental and Social Management Framework (ESMF) as described herein. Where there is a conflict of requirements, the prevention and mitigation measures listed in the ESMF shall govern.

The Contractor (and sub-contractors) will need to adopt this ESMF and prepare a comprehensive Contractor’s (Construction) Environment and Social Management Plan (CESMP) that will provide the key reference point for compliance.

The Project Applicant, namely the EEC, is responsible for ensuring that the Contractor Team’s execution of the construction phase activities is compliant with the conditions of the ESMF and CESMP. The Contractor must therefore ensure compliance with the ESMF, CESMP, LMP, SEP, SEA/SH Action Plan, GRM Procedure and the OCHSIP at all times during construction activities and maintain environmental and social incidents and GRM registers which keeps a record of all environmental and social incidents as well as community/worker grievances that occur on the site during the installation of the 11kV auto reclosers contracts. These incidents may include:

The Contractor is also responsible for the implementation of corrective actions issued by the Employer within a reasonable or agreed upon period of time.

Within the first 15 days following contract signing, the Contractor shall present an C-ESMP Implementation Plan. The Plan shall be submitted to the Employer for approval prior to the start of the construction works. The Contractor ESMP shall contain, at a minimum but not limited to, the following components:

Any deviations from the approved Contractor’s (Construction) ESMP must be submitted to the Employer for approval.

 

 

 

Compliance with requirements established in General Condition of Contract (GCC)

The Environmental and Social requirements shall be prepared in a manner that does not conflict with the relevant General Conditions of Contract and Particular Conditions of Contract, and in particular:

 

GCC

 Sub-Clause/Clause

Remarks

9.10

Training of Contractor’s Personnel

The Contractor shall ensure that all Contractor personnel receive mandatory training on Environmental and Social (E&S) requirements prior to commencement of works. Training shall include, at a minimum: (i) CESMP obligations; (ii) pollution prevention and waste management; (iii) community health and safety risks; (iv) SEA/SH awareness and Code of Conduct; (v) grievance redress procedures; and (vi) emergency preparedness and response. Refresher training and toolbox talks shall be conducted periodically.

20

Design and Engineering

The Contractor shall ensure that all designs comply with applicable national legislation, Environmental Authorization conditions, and World Bank ESF requirements (particularly ESS4). Designs shall: (i) incorporate climate resilience measures (e.g. flood risk, extreme weather tolerance); (ii) ensure universal access where applicable; (iii) minimize environmental footprint and vegetation clearing; (iv) assess and mitigate risks to the public from operational hazards; and (v) comply with applicable engineering and safety certification standards. All designs shall be reviewed and approved prior to implementation.

 

22.2.4

Rates of wages and conditions of labor

The Contractor shall comply with the Labour Management Procedures (LMP), national labour laws, and ESS2 requirements. This includes: (i) fair wages in line with national minimum standards; (ii) safe and decent working conditions; (iii) prohibition of child labour and forced labour; (iv) non-discrimination and equal opportunity; and (v) provision of written contracts to all workers.

 

22.2.6

Facilities for Staff and Labor

The Contractor shall provide adequate facilities for all personnel, including: (i) safe drinking water; (ii) sanitary and washing facilities segregated where appropriate; (iii) waste management systems; (iv) first aid and medical access; and (v) where accommodation is required, it shall meet GIIP and national standards. Facilities shall be culturally appropriate and accessible, and shall not create environmental or social risks to surrounding communities (ESS2 & ESS4).

 

22.8

Security of the Site

The Contractor shall establish security arrangements consistent with ESS4 and GIIP. Security measures shall be proportionate to the level of risk and shall respect human rights. The Contractor shall: (i) avoid use of excessive force; (ii) train security personnel on Code of Conduct and SEA/SH prevention; (iii) coordinate with local authorities; and (iv) ensure security does not restrict community access unnecessarily. All incidents involving security personnel shall be recorded and reported.

 

22.9

Protection of the Environment

The Contractor shall implement all necessary measures to prevent pollution and environmental degradation in accordance with ESS3 and national legislation. The following limits and controls shall apply:

  1. Hazardous materials must be stored in bunded areas;
  2.  Dust emissions shall be controlled to prevent nuisance beyond site boundaries;
  3.  Noise levels shall comply with national standards and approved working hours;
  4. All waste shall be segregated and disposed of at licensed facilities; and
  5. Fuel and oil spills shall be contained and remediated immediately. The CESMP shall define monitoring measures, thresholds, and corrective actions.

 

22.11

Cultural Heritage Findings

 

The Contractor shall implement a Chance Finds Procedure in accordance with ESS8. In the event of discovery of cultural heritage resources:

  1. All works shall stop immediately in the affected area;
  2. The site shall be secured;
  3.  Relevant authorities shall be notified; and

Works shall only resume upon formal clearance.

  1. Workers shall be trained on recognizing and reporting chance finds.

 

2. Environmental Monitoring and Reporting Requirements

The Contractor shall establish and implement an Environmental Monitoring and Reporting Programme as part of the CESMP to ensure compliance with environmental requirements and to verify the effectiveness of mitigation measures in accordance with ESS1 of the World Bank ESF and applicable national legislation.

Environmental monitoring shall be risk-based, proportionate to the scale and nature of the works, and shall cover all significant environmental aspects associated with construction activities.

a) Monitoring Parameters

The monitoring programme shall include, at a minimum, the following parameters (where applicable):

 

Environmental monitoring is essential to assess impacts such as air, water, soil, and noise pollution arising from construction activities and to ensure mitigation measures are effective.

 

b) Monitoring Frequency and Methods

The Contractor shall:

 

c) Environmental Registers and Records

The Contractor shall maintain up-to-date records, including:

 

d) Reporting Requirements

The Contractor shall:

Maintain records for audit and inspection purposes.

e) Non-Compliance and Corrective Actions

Where monitoring identifies non-compliance:

 

 

f) Roles and Responsibilities

 

 

A Rehabilitation Plan shall also be prepared, which shall include preliminary designs on the temporary and permanent landscaping plan during both the construction and post-construction maintenance period. The landscape plan shall cover all project works which may affect vegetation and natural landform (e.g. borrow pits, disposal sites and temporary and stockpiling areas). Sensitive locations and areas where landscaping works are required both during construction and after the construction shall be identified and incorporated into the design.

3. Environmental and Social Implementation Plans (MSIPs)

The Contractor shall prepare a Construction Environmental and Social Management Plan, implementation plan, referred to, in this document as CESMP implementation plan based on the Project ESMF.

4. Requirements for competence of Environmental and Social Specialist

Contractor shall certify that:

 

5. Applicable ESS Documents for CESMP

Contractor shall use and apply when establishing the Contractor’s (Construction) ESMP the following project documents:

6. ENVIRONMENTAL MANAGEMENT REQUIREMENTS

The Contractor shall implement all environmental management measures in accordance with:

(a) Environmental Compliance and Permitting

The Contractor shall:

(b) Pollution Prevention and Resource Efficiency & Management (ESS3)

The Contractor shall implement measures to prevent, minimize, and control pollution, including:

 

(c) Soil, Land and Vegetation Management

The Contractor shall:

d) Biodiversity Conservation and Sustainable Management of Living Natural Resources  (ESS6)

The Contractor shall:

 

e) Management of Construction Sites and Camps

The Contractor shall:

 

f) Traffic and Transport Management (ESS4 link)

The Contractor shall:

 

g) Chance Finds Procedure (ESS8 link)

In the event of chance finds (cultural or natural heritage):

 

h) Environmental Training and Awareness

The Contractor shall:

 

i) Emergency Preparedness and Response

The Contractor shall:

 

7. OCCUPATIONAL HEALTH & SAFETY REQUIREMENTS

Health, Safety plan and Coordination

The Contractor shall be fully responsible for ensuring the safety and health of all workmen and other persons in or around the works site. All activities shall be carried out in compliance with national legislation, OCHSIP, World Bank ESF, (ESS 2 and ESS 4) in accordance with the existing legislation.

 

The Contractor shall prepare, submit, and implement a site-specific Occupational Health and Safety (OHS) Management Plan (SHE File) consistent with the OCHSIP, prior to commencement of works. The plan shall, at a minimum, include the following components:

 

This plan must also be compliant with:

 

Plan Scope and Content

The OHS Plan shall:

The Draft OHS Plan submitted at tender stage shall demonstrate the Contractor’s approach and capacity but may exclude detailed site-specific documentation (e.g., MSDS, equipment manuals). The Final OHS Plan, submitted prior to commencement of Works, shall be comprehensive and site-specific.

8. Safety Management Personnel

The Contractor shall appoint a qualified and experienced Safety and Health Coordinator (SHC) who shall:

Have full authority to enforce OHS requirements and to stop any unsafe work;

Be supported by an adequately resourced and competent safety team appropriate to the scale and risk of the Works.

The proposed SHC and safety team shall not be replaced or reduced without prior approval, and any replacement shall have equal or higher qualifications and experience.

 

Evaluation of OHS Plan

The adequacy of the Contractor’s OHS Plan will be evaluated during tender assessment, taking into account:

 

 

9. Social Standards Requirements

The Contractor shall implement all social risk management measures in accordance with the World Bank Environmental and Social Framework (ESF), specifically ESS2 (Labour and Working Conditions), ESS4 (Community Health and Safety), ESS10 (Stakeholder Engagement and Information Disclosure) as well as the project’s Gender Action Plan (GAP).

The Contractor shall develop (in alignment with available project instruments) and comply with all project-specific instruments, including the:

These requirements shall be implemented as part of the Contractor’s CESMP and maintained throughout the duration of the works

 

a) Labour and Working Conditions (ESS2)

The Contractor shall:

b) Community Health and Safety (ESS4)

The Contractor shall:

 

 

d) Stakeholder Engagement and Information Disclosure (ESS10)

The Contractor shall:

e) Grievance Management and Reporting

The Contractor shall:

f) Monitoring and Compliance

The Contractor shall:

 

 

 

Contractor’s Representative and Key Personnel

The Bidder must demonstrate that it will have the personnel for the key positions that meet the following requirements:

Contractor’s Representative and Key Personnel

Item No.

Position/specialization

Relevant academic qualifications

Minimum years of relevant work experience

1

Contractor’s Representative/ Project manager

Bachelors in  (Electrical Engineering)

5

2.

Site Manager/ Construction Manager

Diploma Electrical/Electronic Engineering;

5

  1.  

Tele-Communication Specialist

Diploma Electrical/Electronic Engineering;

10

  1.  

Protection Specialist

Diploma Electrical/Electronic Engineering;

10

  1.  

SCADA Specialist

Diploma Electrical/Electronic Engineering;

10

6.

Environmental and Social expert

Bachelors/Masters in Environment Management, Sciences

5

7.

Health and Safety officer

Bachelors in Environmental Sciences )/Any other degree with Occupational Health

5

 

 

 

 

 

 

Forms and Procedures

 

 

 

 

Form of Completion Certificate

                                                                                                   Date:                                                                                                              

                                                                                  Loan/Credit No:                                                                                                              

                                                                                              RFB No:                                                                                                              

To: _________________________________

 

Dear Ladies and/or Gentlemen,

Pursuant to GCC Clause 24 (Completion of the Facilities) of the General Conditions of the Contract entered into between yourselves and the Employer dated _____________, relating to the ____________________,  we hereby notify you that the following part(s) of the Facilities was (were) complete on the date specified below, and that, in accordance with the terms of the Contract, the Employer hereby takes over the said part(s) of the Facilities, together with the responsibility for care and custody and the risk of loss thereof on the date mentioned below.

1.         Description of the Facilities or part thereof:  ______________________________

2.         Date of Completion:  __________________

However, you are required to complete the outstanding items listed in the attachment hereto as soon as practicable.

 

This letter does not relieve you of your obligation to complete the execution of the Facilities in accordance with the Contract nor of your obligations during the Defect Liability Period.

 

Very truly yours,

 

                                                                                                                       

Title

(Project Manager)
Form of Operational Acceptance Certificate

 

                                                                                                   Date:                                                                                                              

                                                                                  Loan/Credit No:                                                                                                              

                                                                                              RFB No:                                                                                                              

 

_________________________________________

 

To:  ________________________________________

 

Dear Ladies and/or Gentlemen,

 

Pursuant to GCC Sub-Clause 25.3 (Operational Acceptance) of the General Conditions of the Contract entered into between yourselves and the Employer dated _______________, relating to the ___________________________________, we hereby notify you that the Functional Guarantees of the following part(s) of the Facilities were satisfactorily attained on the date specified below. 

 

1.         Description of the Facilities or part thereof:  _______________________________

2.         Date of Operational Acceptance:  _______________________

This letter does not relieve you of your obligation to complete the execution of the Facilities in accordance with the Contract nor of your obligations during the Defect Liability Period.

 

Very truly yours,

                                                                                                                       

Title

(Project Manager)

 

 

Change Order Procedure and Forms

                                                                                                   Date:                                                                                                              

                                                                                  Loan/Credit No:                                                                                                              

                                                                                              RFB No:                                                                                                              

 

 

CONTENTS

 

1.      General

2.      Change Order Log

3.      References for Changes

 

 

 

ANNEXES

 

Annex 1    Request for Change Proposal

Annex 2    Estimate for Change Proposal

Annex 3    Acceptance of Estimate

Annex 4    Change Proposal

Annex 5    Change Order

Annex 6    Pending Agreement Change Order

Annex 7    Application for Change Proposal

 

 

 

Change Order Procedure

1.      General

This section provides samples of procedures and forms for implementing changes in the Facilities during the performance of the Contract in accordance with GCC Clause 39 (Change in the Facilities) of the General Conditions.

2.      Change Order Log

The Contractor shall keep an up-to-date Change Order Log to show the current status of Requests for Change and Changes authorized or pending, as Annex 8.  Entries of the Changes in the Change Order Log shall be made to ensure that the log is up-to-date.  The Contractor shall attach a copy of the current Change Order Log in the monthly progress report to be submitted to the Employer.

3.      References for Changes

(1)    Request for Change as referred to in GCC Clause 39 shall be serially numbered CR-X-nnn.

(2)    Estimate for Change Proposal as referred to in GCC Clause 39 shall be serially numbered CN-X-nnn.

(3)    Acceptance of Estimate as referred to in GCC Clause 39 shall be serially numbered CA-X-nnn.

(4)    Change Proposal as referred to in GCC Clause 39 shall be serially numbered CP-X-nnn.

(5)    Change Order as referred to in GCC Clause 39 shall be serially numbered CO-X-nnn.

Note:   (a)    Requests for Change issued from the Employer’s Home Office and the Site representatives of the Employer shall have the following respective references:

 

Home Office         CR-H-nnn

Site                        CR-S-nnn

 

(b)    The above number “nnn” is the same for Request for Change, Estimate for Change Proposal, Acceptance of Estimate, Change Proposal and Change Order.

 

Annex 1.  Request for Change Proposal

(Employer’s Letterhead)

 

To:  ____________________________________                                        Date:                                                                                                            

 

Attention:  ______________________________________

 

Contract Name:  _________________________________

Contract Number:  _______________________________

 

Dear Ladies and/or Gentlemen:

 

With reference to the captioned Contract, you are requested to prepare and submit a Change Proposal for the Change noted below in accordance with the following instructions within _______________ days of the date of this letter____________________.

 

1.      Title of Change:  ________________________

2.      Change Request No. __________________

3.      Originator of Change:    Employer:  _______________________________

Contractor (by Application for Change Proposal No. _______[12]: 

4.      Brief Description of Change:  _________________________________________________

5.      Facilities and/or Item No. of equipment related to the requested Change:  _____________

6.      Reference drawings and/or technical documents for the request of Change:

Drawing No./Document No.                  Description

 

7.      Detailed conditions or special requirements on the requested Change:  ________________

8.      General Terms and Conditions:

(a)    Please submit your estimate to us showing what effect the requested Change will have on the Contract Price.

(b)    Your estimate shall include your claim for the additional time, if any, for completion of the requested Change.

(c)    If you have any opinion negative to the adoption of the requested Change in connection with the conformability to the other provisions of the Contract or the safety of the Plant or Facilities, please inform us of your opinion in your proposal of revised provisions.

(d)    Any increase or decrease in the work of the Contractor relating to the services of its personnel shall be calculated.

(e)    You shall not proceed with the execution of the work for the requested Change until we have accepted and confirmed the amount and nature in writing.

 

 

                                                                                                                       

(Employer’s Name)

 

 

                                                                                                                       

(Signature)

 

 

                                                                                                                       

(Name of signatory)

 

 

                                                                                                                       

(Title of signatory)

 

 

Annex 2.  Estimate for Change Proposal

(Contractor’s Letterhead)

 

To: ______________________________                                                   Date:                                                                                                            

 

Attention:  _______________________________

 

Contract Name:  _______________________________

Contract Number:  _____________________________

 

Dear Ladies and/or Gentlemen:

With reference to your Request for Change Proposal, we are pleased to notify you of the approximate cost of preparing the below-referenced Change Proposal in accordance with GCC Sub-Clause 39.2.1 of the General Conditions.  We acknowledge that your agreement to the cost of preparing the Change Proposal, in accordance with GCC Sub-Clause 39.2.2, is required before estimating the cost for change work.

1.      Title of Change:  ________________________

2.      Change Request No./Rev.:  ____________________________

3.      Brief Description of Change:  __________________________

4.      Scheduled Impact of Change:  ___________________________

5.      Cost for Preparation of Change Proposal:  _______________[13]

(a)    Engineering                                                                   (Amount)

(i)     Engineer                        hrs x             rate/hr =                 

(ii)    Draftsperson                  hrs x             rate/hr =                 

Sub-total                        hrs                                               

Total Engineering Cost                                                       

(b)    Other Cost                                                                                   

Total Cost (a) + (b)                                                                               

 

 

                                                                                                                       

(Contractor’s Name)

 

                                                                                                                       

(Signature)

 

                                                                                                                       

(Name of signatory)

 

 

 

                                                                                                                       

(Title of signatory)

 

 

Annex 3.  Acceptance of Estimate

 

(Employer’s Letterhead)

 

To:  ______________________________                                                  Date:                                                                                                            

Attention:  ________________________________

 

Contract Name:  _____________________________

Contract Number:  ___________________________

 

Dear Ladies and/or Gentlemen:

We hereby accept your Estimate for Change Proposal and agree that you should proceed with the preparation of the Change Proposal.

 

1.      Title of Change:  ___________________________

2.      Change Request No./Rev.:  _______________________________

3.      Estimate for Change Proposal No./Rev.:  _______________________________

4.      Acceptance of Estimate No./Rev.:  _______________________________

5.      Brief Description of Change:  _______________________________

 

6.      Other Terms and Conditions:  In the event that we decide not to order the Change accepted, you shall be entitled to compensation for the cost of preparation of Change Proposal described in your Estimate for Change Proposal mentioned in para. 3 above in accordance with GCC Clause 39 of the General Conditions.

                                                                                                                       

(Employer’s Name)

                                                                                                                       

(Signature)

                                                                                                                       

(Name and Title of signatory)

 

Annex 4.  Change Proposal

(Contractor’s Letterhead)

 

To:  _______________________________                                                Date:                                                                                                            

 

Attention:  _______________________________

 

Contract Name:  _______________________________

Contract Number:  _______________________________

 

Dear Ladies and/or Gentlemen:

 

In response to your Request for Change Proposal No. _______________________________, we hereby submit our proposal as follows:

1.      Title of Change:  _______________________________

2.      Change Proposal No./Rev.:  _______________________________

3.      Originator of Change:    Employer:  [_______________________________

Contractor:  _______________________________

4.      Brief Description of Change:  _______________________________

5.      Reasons for Change:  _______________________________

6.      Facilities and/or Item No. of Equipment related to the requested Change:  _______________________________

7.      Reference drawings and/or technical documents for the requested Change:

Drawing/Document No.                  Description

 

8.      Estimate of increase/decrease to the Contract Price resulting from Change Proposal:[14]

                                                                                                                      (Amount)

 

(a)    Direct material                                                                                                                                                          

(b)    Major construction equipment                                                                                                                                  

(c)    Direct field labor (Total           hrs)                                                                                  

(d)    Subcontracts                                                                                                                                                              

(e)    Indirect material and labor                                                                                                                                        

(f)     Site supervision                                                                                                                                                         

(g)    Head office technical staff salaries

Process engineer                        hrs @              rate/hr                                            

Project engineer                         hrs @              rate/hr                                            

Equipment engineer                  hrs @              rate/hr                                            

Procurement                              hrs @              rate/hr                                            

Draftsperson                              hrs @              rate/hr                                            

Total                                           hrs                                                                          

 

(h)    Extraordinary costs (computer, travel, etc.)                                                                                                              

(i)     Fee for general administration,           % of Items                                                                      

(j)     Taxes and customs duties                                                                                                                                          

Total lump sum cost of Change Proposal                                                                                                                           

(Sum of items (a) to (j))

Cost to prepare Estimate for Change Proposal                                                                                                                  

(Amount payable if Change is not accepted)

9.      Additional time for Completion required due to Change Proposal

10.    Effect on the Functional Guarantees

11.    Effect on the other terms and conditions of the Contract

12.    Validity of this Proposal:  within [Number] days after receipt of this Proposal by the Employer

13.    Other terms and conditions of this Change Proposal:

(a)    You are requested to notify us of your acceptance, comments or rejection of this detailed Change Proposal within ______________ days from your receipt of this Proposal.

(b)    The amount of any increase and/or decrease shall be taken into account in the adjustment of the Contract Price.

(c)    Contractor’s cost for preparation of this Change Proposal:2

 

                                                                                                                       

(Contractor’s Name)

 

 

                                                                                                                       

(Signature)

 

 

                                                                                                                       

(Name of signatory)

 

 

                                                                                                                       

(Title of signatory)

 

 

Annex 5.  Change Order

(Employer’s Letterhead)

 

To:  _______________________________                                                Date:                                                                                                            

 

Attention:  _______________________________

 

Contract Name:  _______________________________

Contract Number:  _______________________________

 

Dear Ladies and/or Gentlemen:

We approve the Change Order for the work specified in the Change Proposal (No. _______), and agree to adjust the Contract Price, Time for Completion and/or other conditions of the Contract in accordance with GCC Clause 39 of the General Conditions.

1.      Title of Change:  _______________________________

2.      Change Request No./Rev.:  _______________________________

3.      Change Order No./Rev.:  _______________________________

4.      Originator of Change:    Employer:  _______________________________

Contractor:  _______________________________

5.      Authorized Price:

Ref. No.:  _______________________________                  Date:  __________________________

Foreign currency portion __________  plus Local currency portion __________

6.      Adjustment of Time for Completion

None                              Increase _________ days                      Decrease _________ days

7.      Other effects, if any

 

 

Authorized by:                                                                                    Date:                                                                                                 

(Employer)

 

Accepted by:                                                                                       Date:                                                                                                 

(Contractor)
Annex 6.  Pending Agreement Change Order

(Employer’s Letterhead)

 

To:  _______________________________                                                Date:                                                                                                            

Attention:  _______________________________

Contract Name: _______________________________

Contract Number:  [_______________________________

 

Dear Ladies and/or Gentlemen:

We instruct you to carry out the work in the Change Order detailed below in accordance with GCC Clause 39 of the General Conditions.

1.      Title of Change:  _______________________________

2.      Employer’s Request for Change Proposal No./Rev.:  _______________________________dated:  __________

3.      Contractor’s Change Proposal No./Rev.:  ________________________ dated:  __________

4.      Brief Description of Change:  _______________________________

5.      Facilities and/or Item No. of equipment related to the requested Change:  _______________________________

6.      Reference Drawings and/or technical documents for the requested Change:

Drawing/Document No.                        Description

 

 

 

 

7.      Adjustment of Time for Completion:

8.      Other change in the Contract terms:

9.      Other terms and conditions:

 

                                                                                                                       

(Employer’s Name)

                                                                                                                       

(Signature)

                                                                                                                       

(Name of signatory)

                                                                                                                       

(Title of signatory)

 

 

Annex 7.  Application for Change Proposal

(Contractor’s Letterhead)

 

To:  _______________________________                                                Date:                                                                                                            

 

Attention:  _______________________________

 

Contract Name:  _______________________________

Contract Number:  _______________________________

 

Dear Ladies and/or Gentlemen:

 

We hereby propose that the below-mentioned work be treated as a Change in the Facilities.

 

1.      Title of Change:  _______________________________

2.      Application for Change Proposal No./Rev.: _______________________________                                                                                                                     dated:  _______________________________

3.      Brief Description of Change:  _______________________________

4.      Reasons for Change:

5.      Order of Magnitude Estimation (in the currencies of the Contract):

6.      Scheduled Impact of Change:

7.      Effect on Functional Guarantees, if any:

8.      Appendix:

                                                                                                                       

(Contractor’s Name)

                                                                                                                       

(Signature)

 

                                                                                                                       

(Name of signatory)

 

                                                                                                                       

(Title of signatory)

Drawings

 

 

 

Supplementary Information

The proposed locations of the auto-reclosers across the Eswatini Electricity Company network:

 

 

The coordinates existing locations of the Communication High Sites across the Eswatini Electricity Company network can be found in this link:

11kV Auto Reclosers

 

 

 

PART 3 – Conditions of Contract and Contract Forms

 

 

 

Section VIII - General Conditions of Contract

 

Table of Clauses

 

A.        Contract and Interpretation. 193

1.      Definitions. 193

2.      Contract Documents. 196

3.      Interpretation. 196

4.      Communications. 198

5.      Law and Language. 198

6.      Fraud and Corruption. 198

B.        Subject Matter of Contract 199

7.      Scope of Facilities. 199

8.      Time for Commencement and Completion. 200

9.      Contractor’s Responsibilities. 200

10.    Employer’s Responsibilities. 204

C.        Payment 206

11.    Contract Price. 206

12.    Terms of Payment 206

13.    Securities. 206

14.    Taxes and Duties. 208

D.        Intellectual Property. 209

15.    License/Use of Technical Information. 209

16.    Confidential Information. 209

E.        Execution of the Facilities. 210

17.    Representatives. 210

18.    Work Program.. 212

19.    Subcontracting. 215

20.    Design and Engineering. 216

21.    Procurement 218

22.    Installation. 220

23.    Test and Inspection. 232

24.    Completion of the Facilities. 234

25.    Commissioning and Operational Acceptance. 236

F.         Guarantees and Liabilities. 239

26.    Completion Time Guarantee. 239

27.    Defect Liability. 240

28.    Functional Guarantees. 242

29.    Patent Indemnity. 243

30.    Limitation of Liability. 245

G.        Risk Distribution. 245

31.    Transfer of Ownership. 245

32.    Care of Facilities. 246

33.    Loss of or Damage to Property; Accident or Injury to Workers; Indemnification. 247

34.    Insurance. 248

35.    Unforeseen Conditions. 251

36.    Change in Laws and Regulations. 252

37.    Force Majeure. 252

38.    War Risks. 254

H.        Change in Contract Elements. 255

39.    Change in the Facilities. 255

40.    Extension of Time for Completion. 259

41.    Suspension. 260

42.    Termination. 262

43.    Assignment 269

44.    Export Restrictions. 269

I.         Claims, Disputes and Arbitration. 269

45.    Contractor’s Claims. 269

46.    Disputes and Arbitration. 271

47.    Cyber Security. 275

 

General Conditions of Contract

  1. Contract and Interpretation

1.    Definitions

1.1     The following words and expressions shall have the meanings hereby assigned to them:

“Contract” means the Contract Agreement entered into between the Employer and the Contractor, together with the Contract Documents referred to therein; they shall constitute the Contract, and the term “the Contract” shall in all such documents be construed accordingly.

“Contract Documents” means the documents listed in Article 1.1 (Contract Documents) of the Contract Agreement (including any amendments thereto).

“GCC” means the General Conditions of Contract hereof.

“PCC” means the Particular Conditions of Contract.

“day” means calendar day.

“year” means 365 days.

“month” means calendar month.

“Party” means the Employer or the Contractor, as the context requires, and “Parties” means both of them.

“Employer” means the person named as such in the PCC and includes the legal successors or permitted assigns of the Employer.

“Project Manager” means the person appointed by the Employer in the manner provided in GCC Sub-Clause 17.1 (Project Manager) hereof and named as such in the PCC to perform the duties delegated by the Employer.

“Contractor” means the person(s) whose Bid to perform the Contract has been accepted by the Employer and is named as Contractor in the Contract Agreement, and includes the legal successors or permitted assigns of the Contractor.

“Contractor’s Representative” means any person nominated by the Contractor and approved by the Employer in the manner provided in GCC Sub-Clause 17.2 (Contractor’s Representative and Construction Manager) hereof to perform the duties delegated by the Contractor.

“Construction Manager” means the person appointed by the Contractor’s Representative in the manner provided in GCC Sub-Clause 17.2.4. 

“Subcontractor,” including manufacturers, means any person to whom execution of any part of the Facilities, including preparation of any design or supply of any Plant, is sub-contracted directly or indirectly by the Contractor, and includes its legal successors or permitted assigns.

“Dispute Board” (DB) means the person or persons named as such in the PCC appointed by agreement between the Employer and the Contractor to make a decision with respect to any dispute or difference between the Employer and the Contractor referred to him or her by the Parties pursuant to GCC Sub-Clause 46.1 (Dispute Board) hereof.

“The Bank” means the financing institution named in the PCC.

“Contract Price” means the sum specified in Article 2.1 (Contract Price) of the Contract Agreement, subject to such additions and adjustments thereto or deductions therefrom, as may be made pursuant to the Contract.

“Facilities” means the Plant to be supplied and installed, as well as all the Installation Services to be carried out by the Contractor under the Contract.

“Plant” means permanent plant, equipment, machinery, apparatus, materials, articles and things of all kinds to be provided and incorporated in the Facilities by the Contractor under the Contract (including the spare parts to be supplied by the Contractor under GCC Sub-Clause 7.3 hereof), but does not include Contractor’s Equipment.

“Installation Services” means all those services ancillary to the supply of the Plant for the Facilities, to be provided by the Contractor under the Contract, such as transportation and provision of marine or other similar insurance, inspection, expediting, site preparation works (including the provision and use of Contractor’s Equipment and the supply of all construction materials required), installation, testing, precommissioning, commissioning, operations, maintenance, the provision of operations and maintenance manuals, training, etc… as the case may require.

“Contractor’s Equipment” means all facilities, equipment, machinery, tools, apparatus, appliances or things of every kind required in or for installation, completion and maintenance of Facilities that are to be provided by the Contractor, but does not include Plant, or other things intended to form or forming part of the Facilities.

“Country of Origin” means the countries and territories eligible under the rules of the Bank as further elaborated in the PCC.

“Site” means the land and other places upon which the Facilities are to be installed, and such other land or places as may be specified in the Contract as forming part of the Site.

“Effective Date” means the date of fulfillment of all conditions stated in Article 3 (Effective Date) of the Contract Agreement, from which the Time for Completion shall be counted.

“Time for Completion” means the time within which Completion of the Facilities as a whole (or of a part of the Facilities where a separate Time for Completion of such part has been prescribed) is to be attained, as referred to in GCC Clause 8 and in accordance with the relevant provisions of the Contract.

“Completion” means that the Facilities (or a specific part thereof where specific parts are specified in the Contract) have been completed operationally and structurally and put in a tight and clean condition, that all work in respect of Precommissioning of the Facilities or such specific part thereof has been completed, and that the Facilities or specific part thereof are ready for Commissioning as provided in GCC Clause 24 (Completion) hereof.

“Precommissioning” means the testing, checking and other requirements specified in the Employer’s Requirements that are to be carried out by the Contractor in preparation for Commissioning as provided in GCC Clause 24 (Completion) hereof.

“Commissioning” means operation of the Facilities or any part thereof by the Contractor following Completion, which operation is to be carried out by the Contractor as provided in GCC Sub-Clause 25.1 (Commissioning) hereof, for the purpose of carrying out Guarantee Test(s).

“Guarantee Test(s)” means the test(s) specified in the Employer’s Requirements to be carried out to ascertain whether the Facilities or a specified part thereof is able to attain the Functional Guarantees specified in the Appendix to the Contract Agreement titled Functional Guarantees, in accordance with the provisions of GCC Sub-Clause 25.2 (Guarantee Test) hereof.

“Operational Acceptance” means the acceptance by the Employer of the Facilities (or any part of the Facilities where the Contract provides for acceptance of the Facilities in parts), which certifies the Contractor’s fulfillment of the Contract in respect of Functional Guarantees of the Facilities (or the relevant part thereof) in accordance with the provisions of GCC Clause 28 (Functional Guarantees) hereof and shall include deemed acceptance in accordance with GCC Clause 25 (Commissioning and Operational Acceptance) hereof.

“Defect Liability Period” means the period of validity of the warranties given by the Contractor commencing at Completion of the Facilities or a part thereof, during which the Contractor is responsible for defects with respect to the Facilities (or the relevant part thereof) as provided in GCC Clause 27 (Defect Liability) hereof.

“ES” means Environmental and Social (including Sexual Exploitation and Abuse (SEA), and Sexual Harassment (SH)).

“Sexual Exploitation and Abuse” “(SEA)” means the following:

Sexual Exploitation is defined as any actual or attempted abuse of position of vulnerability, differential power or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another.

Sexual Abuse is defined as the actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions;

“Sexual Harassment” “(SH)” is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature by the Contractor’s Personnel with other Contractor’s Personnel or Employer’s Personnel.

“Contractor’s Personnel” means all personnel whom the Contractor utilizes in the execution of the Contract, including the staff, labor and other employees of the Contractor and each Subcontractor; and any other personnel assisting the Contractor in the execution of the Contract; and

 “Employer’s Personnel” means all staff, labor and other employees of the Project Manager and of the Employer engaged in fulfilling the Employer’s obligations under the Contract; and any other personnel identified as Employer’s Personnel, by a notice from the Employer to the Contractor.

2.    Contract Documents

2.1     Subject to Article 1.2 (Order of Precedence) of the Contract Agreement, all documents forming part of the Contract (and all parts thereof) are intended to be correlative, complementary and mutually explanatory.  The Contract shall be read as a whole.

3.    Interpretation

3.1     In the Contract, except where the context requires otherwise:

  1. words indicating one gender include all genders;
  2. words indicating the singular also include the plural and words indicating the plural also include the singular;
  3. provisions including the word “agree,” “agreed,” or “agreement” require the agreement to be recorded in writing;
  4. the word “tender” is synonymous with “Bid,” “tenderer,” with “Bidder,” and “tender documents” with “Bidding  Document,” and
  5. “written” or “in writing” means hand-written, type-written, printed or electronically made, and resulting in a permanent record.

The marginal words and other headings shall not be taken into consideration in the interpretation of these Conditions.

3.2     Incoterms

Unless inconsistent with any provision of the Contract, the meaning of any trade term and the rights and obligations of Parties thereunder shall be as prescribed by Incoterms.

Incoterms means international rules for interpreting trade terms published by the International Chamber of Commerce (latest edition), 38 Cours Albert 1er, 75008 Paris, France.

3.3     Entire Agreement

Subject to GCC Sub-Clause 16.4 hereof, the Contract constitutes the entire agreement between the Employer and Contractor with respect to the subject matter of Contract and supersedes all communications, negotiations and agreements (whether written or oral) of Parties with respect thereto made prior to the date of Contract.

3.4     Amendment

No amendment or other variation of the Contract shall be effective unless it is in writing, is dated, expressly refers to the Contract, and is signed by a duly authorized representative of each Party hereto.

3.5     Independent Contractor

The Contractor shall be an independent contractor performing the Contract.  The Contract does not create any agency, partnership, joint venture or other joint relationship between the Parties hereto. Subject to the provisions of the Contract, the Contractor shall be solely responsible for the manner in which the Contract is performed.  All employees, representatives or Subcontractors engaged by the Contractor in connection with the performance of the Contract shall be under the complete control of the Contractor and shall not be deemed to be employees of the Employer, and nothing contained in the Contract or in any subcontract awarded by the Contractor shall be construed to create any contractual relationship between any such employees, representatives or Subcontractors and the Employer.

3.6     Non-Waiver

3.6.1  Subject to GCC Sub-Clause 3.6.2 below, no relaxation, forbearance, delay or indulgence by either Party in enforcing any of the terms and conditions of the Contract or the granting of time by either Party to the other shall prejudice, affect or restrict the rights of that Party under the Contract, nor shall any waiver by either Party of any breach of Contract operate as waiver of any subsequent or continuing breach of Contract.

3.6.2  Any waiver of a Party’s rights, powers or remedies under the Contract must be in writing, must be dated and signed by an authorized representative of the Party granting such waiver, and must specify the right and the extent to which it is being waived.

3.7     Severability

If any provision or condition of the Contract is prohibited or rendered invalid or unenforceable, such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any other provisions and conditions of the Contract.

3.8     Country of Origin

“Origin” means the place where the plant and component parts thereof are mined, grown, produced or manufactured, and from which the services are provided. Plant components are produced when, through manufacturing, processing, or substantial or major assembling of components, a commercially recognized product results that is substantially different in its basic characteristics or in purpose or utility from its components.

4.    Communica­tions

4.1     Wherever these Conditions provide for the giving or issuing of approvals, certificates, consents, determinations, notices, requests and discharges, these communications shall be:

  1. in writing and delivered against receipt; and
  2. delivered, sent or transmitted to the address for the recipient’s communications as stated in the Contract Agreement.

When a certificate is issued to a Party, the certifier shall send a copy to the other Party. When a notice is issued to a Party, by the other Party or the Project Manager, a copy shall be sent to the Project Manager or the other Party, as the case may be.

5.    Law and Language

5.1     The Contract shall be governed by and interpreted in accordance with laws of the country specified in the PCC.

    1. The ruling language of the Contract shall be that stated in the PCC.
    2. The language for communications shall be the ruling language unless otherwise stated in the PCC.

6.    Fraud and Corruption

    1. The Bank requires compliance with the Bank’s Anti-Corruption Guidelines and its prevailing sanctions policies and procedures as set forth in the WBG’s Sanctions Framework, as set forth in Appendix B to the GCC.
    2. The Employer requires the Contractor to disclose any commissions or fees that may have been paid or are to be paid to agents or any other party with respect to the Bidding process or execution of the Contract. The information disclosed must include at least the name and address of the agent or other party, the amount and currency, and the purpose of the commission, gratuity or fee.
  1. Subject Matter of Contract

7.    Scope of Facilities

7.1     Unless otherwise expressly limited in the Employer’s Requirements, the Contractor’s obligations cover the provision of all Plant and the performance of all Installation Services required for the design, and the manufacture (including procurement, quality assurance, construction, installation, associated civil works, Precommissioning and delivery) of the Plant, and the installation, completion and commissioning of the Facilities in accordance with the plans, procedures, specifications, drawings, codes and any other documents as specified in the Section, Employer’s Requirements.  Such specifications include, but are not limited to, the provision of supervision and engineering services; the supply of labor, materials, equipment, spare parts (as specified in GCC Sub-Clause 7.3 below) and accessories; Contractor’s Equipment; construction utilities and supplies; temporary materials, structures and facilities; transportation (including, without limitation, unloading and hauling to, from and at the Site); and storage, except for those supplies, works and services that will be provided or performed by the Employer, as set forth in the  Appendix to the Contract Agreement titled Scope of Works and Supply by the Employer.

7.2     The Contractor shall, unless specifically excluded in the Contract, perform all such work and/or supply all such items and materials not specifically mentioned in the Contract but that can be reasonably inferred from the Contract as being required for attaining Completion of the Facilities as if such work and/or items and materials were expressly mentioned in the Contract.

7.3     In addition to the supply of Mandatory Spare Parts included in the Contract, the Contractor agrees to supply spare parts required for the operation and maintenance of the Facilities for the period specified in the PCC and the provisions, if any, specified in the PCC.  However, the identity, specifications and quantities of such spare parts and the terms and conditions relating to the supply thereof are to be agreed between the Employer and the Contractor, and the price of such spare parts shall be that given in Price Schedule No. 6, which shall be added to the Contract Price.  The price of such spare parts shall include the purchase price therefor and other costs and expenses (including the Contractor’s fees) relating to the supply of spare parts.

 

8.    Time for Commence­ment and Completion

8.1     The Contractor shall commence work on the Facilities within the period specified in the PCC and without prejudice to GCC Sub-Clauses 9.9 and 26.2 hereof, the Contractor shall thereafter proceed with the Facilities in accordance with the time schedule specified in the Appendix to the Contract Agreement titled Time Schedule.

8.2     The Contractor shall attain Completion of the Facilities or of a part where a separate time for Completion of such part is specified in the Contract, within the time stated in the PCC or within such extended time to which the Contractor shall be entitled under GCC Clause 40 hereof.

 

9.    Contractor’s Responsibilities

9.1     The Contractor shall design, manufacture including associated purchases and/or subcontracting, install and complete the Facilities in accordance with the Contract. When completed, the Facilities should be fit for the purposes for which they are intended as defined in the Contract.

9.2     The Contractor confirms that it has entered into this Contract on the basis of a proper examination of the data relating to the Facilities including any data as to boring tests provided by the Employer, and on the basis of information that the Contractor could have obtained from a visual inspection of the Site if access thereto was available and of other data readily available to it relating to the Facilities as of the date twenty-eight (28) days prior to Bid submission.  The Contractor acknowledges that any failure to acquaint itself with all such data and information shall not relieve its responsibility for properly estimating the difficulty or cost of successfully performing the Facilities.

9.3     The Contractor shall acquire and pay for all permits, approvals and/or licenses from all local, state or national government authorities or public service undertakings in the country where the Site is located which such authorities or undertakings require the Contractor to obtain in its name and which are necessary for the performance of the Contract, including, without limitation, visas for the Contractor’s Personnel and entry permits for all imported Contractor’s Equipment.  The Contractor shall acquire all other permits, approvals and/or licenses that are not the responsibility of the Employer under GCC Sub-Clause 10.3 hereof and that are necessary for the performance of the Contract.

9.4     The Contractor shall comply with all laws in force in the country where the Facilities are to be implemented.  The laws will include all local, state, national or other laws that affect the performance of the Contract and bind upon the Contractor.  The Contractor shall indemnify and hold harmless the Employer from and against any and all liabilities, damages, claims, fines, penalties and expenses of whatever nature arising or resulting from the violation of such laws by the Contractor or its personnel, including the Subcontractors and their personnel, but without prejudice to GCC Sub-Clause 10.1 hereof.

9.5     Any Plant and Installation Services that will be incorporated in or be required for the Facilities and other supplies shall have their origin as specified under GCC Clause 1 (Country of Origin). Any subcontractors retained by the Contractor shall be from a country as specified in GCC Clause 1 (Country of Origin).

9.6     If the Contractor is a joint venture, or association (JV) of two or more persons, all such persons shall be jointly and severally bound to the Employer for the fulfillment of the provisions of the Contract, and shall designate one of such persons to act as a leader with authority to bind the JV. The composition or the constitution of the JV shall not be altered without the prior consent of the Employer.

9.7     Pursuant to paragraph 2.2 e. of Appendix B to the General Conditions the Contractor shall permit and shall cause its agents (where declared or not), subcontractors, subconsultants, service providers, suppliers, and personnel, to permit, the Bank and/or persons appointed by the Bank to inspect the site and/or the accounts, records and other documents relating to the procurement process, selection and/or contract execution, and to have such accounts, records and other documents audited by auditors appointed by the Bank. The Contractor’s and its Subcontractors’ and subconsultants’ attention is drawn to Sub-Clause 6.1 (Fraud and Corruption) which provides, inter alia, that acts intended to materially impede the exercise of the Bank’s inspection and audit rights constitute a prohibited practice subject to contract termination (as well as to a determination of ineligibility pursuant to the Bank’s prevailing sanctions procedures).

9.8 The Contractor shall conform to the sustainable procurement contractual provisions, if and as specified in the PCC.

9.9   Contractor’s Environmental and Social Management Plan (C-ESMP)         

The Contractor shall not carry out mobilization to Site unless the Project Manager gives approval, an approval that  shall not be unreasonably delayed, to the measures the Contractor proposes to address environmental and social risks and impacts including the code of conduct, in accordance with GCC Sub-Clause  22.4.

The Contractor shall submit, to the Project Manager for Review, any additional Management Strategies and Implementation Plans as are necessary to manage the ES risks and impacts of the Facilities. These Management Strategies and Implementation Plans collectively comprise the Contractor’s Environmental and Social Management Plan (C-ESMP).

The Contractor shall review the C-ESMP, periodically (but not less than every six (6) months), and update it as required to ensure that it contains measures appropriate to the Facilities. The updated C-ESMP shall be submitted to the Project Manager for its approval.

9.10  Training of Contractor’s Personnel

The Contractor shall provide appropriate training to relevant Contractor’s Personnel on ES aspects of the Contract, including appropriate sensitization on prohibition of SEA and health and safety training referred to in GCC Sub-Clause 22.2.7. 

As stated in the Employer’s Requirements or as instructed by the Project Manager, the Contractor shall also allow appropriate opportunities for the relevant Contractor’s Personnel to be trained on ES aspects of the Contract by the Employer’s personnel and/or other personnel assigned by the Employer.

9.11 Stakeholder engagements

The Contractor shall provide relevant contract- related information, as the Employer and/or Project Manager may reasonably request to conduct contract stakeholder engagement. “Stakeholder” refers to individuals or groups who:

      1. are affected or likely to be affected by the Contract; and
      2. may have an interest in the Contract.

The Contractor may also directly participate in contract stakeholder engagements, as the Employer and/or Project Manager may reasonably request.

9.12      Forced Labor

The Contractor, including its Subcontractors, shall not employ or engage forced labour. Forced labour consists of any work or service, not voluntarily performed, that is exacted from an individual under threat of force or penalty, and includes any kind of involuntary or compulsory labour, such as indentured labour, bonded labour or similar labour-contracting arrangements.

No persons shall be employed or engaged who have been subject to trafficking. Trafficking in persons is defined as the recruitment, transportation, transfer, harbouring or receipt of persons by means of the threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power, or of a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purposes of exploitation.

The Contractor shall also take measures to require its suppliers (other than Subcontractors) not to employ or engage forced labour including trafficked persons. If forced labour/trafficking cases are identified, the Contractor shall take measures to require the suppliers to take appropriate steps to remedy them. Where the supplier does not remedy the situation, the Contractor shall within a reasonable period substitute the supplier with a supplier that is able to manage such risks.

9.13      Child Labor

The Contractor, including its Subcontractors, shall not employ or engage a child under the age of 14 unless the national law specifies a higher age (the minimum age).

The Contractor, including its Subcontractors, shall not employ or engage a child between the minimum age and the age of 18 in a manner that is likely to be hazardous, or to interfere with, the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral, or social development.

The Contractor including its Subcontractors, shall only employ or engage children between the minimum age and the age of 18 after an appropriate risk assessment has been conducted by the Contractor with the Engineer’s consent. The Contractor shall be subject to regular monitoring by the Project Manager that includes monitoring of health, working conditions and hours of work.

Work considered hazardous for children is work that, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety, or morals of children. Such work activities prohibited for children include work:

  1. with exposure to physical, psychological or sexual abuse;
  2. underground, underwater, working at heights or in confined spaces;
  3. with dangerous machinery, equipment or tools, or involving handling or transport of heavy loads;
  4. in unhealthy environments exposing children to hazardous substances, agents, or processes, or to temperatures, noise or vibration damaging to health; or
  5. under difficult conditions such as work for long hours, during the night or in confinement on the premises of the employer.

The Contractor shall also take measures to require its suppliers (other than Subcontractors) not to employ or engage child labor. If child labor cases are identified, the Contractor shall take measures to require the suppliers to take appropriate steps to remedy them. Where the supplier does not remedy the situation, the Contractor shall within a reasonable period substitute the supplier with a supplier that is able to manage such risks.

9.14      Serious Safety Issues

The Contractor, including its Subcontractors, shall comply with all applicable safety obligations. The Contractor shall also take measures to require its suppliers (other than Subcontractors) to adopt procedures and mitigation measures adequate to address safety issues related to their personnel. If serious safety issues are identified, the Contractor shall take measures to require the suppliers to take appropriate steps to remedy them. Where the supplier does not remedy the situation, the Contractor shall within a reasonable period substitute the supplier with a supplier that is able to manage such risks.

9.15      Obtaining natural resource materials

The Contractor shall obtain natural resource materials  from suppliers  that can demonstrate, through compliance with the applicable verification  and/ or certification requirements, that obtaining such materials is not contributing to the risk of significant conversion or significant degradation of natural or critical habitats such as unsustainably harvested wood products, gravel or sand extraction from riverbeds or beaches.

If a supplier cannot continue to demonstrate that obtaining such materials is not contributing to the risk of significant conversion or significant degradation of natural or critical habitats, the Contractor shall within a reasonable period substitute the supplier with a supplier that is able to demonstrate that they are not significantly adversely impacting the habitats.

9.16   Site Signage

The Contractor shall not post and shall ensure that its Subcontractors/suppliers/manufacturers and Contractors’ Personnel shall not post, any signage on the Site, or in any other place where the Works will be carried out, except such signage as is required under the Contract, including by the Laws of the Country, or has been approved by the Employer. For the purposes of this sub-clause, signage shall include, inter alia, flags, billboards, advertising materials and any other similar item separately posted on the Site.

 

10.  Employer’s Responsibilities

10.1   All information and/or data to be supplied by the Employer as described in the Appendix to the Contract Agreement titled Scope of Works and Supply by the Employer, shall be deemed to be accurate, except when the Employer expressly states otherwise.

10.2   The Employer shall be responsible for acquiring and providing legal and physical possession of the Site and access thereto, and for providing possession of and access to all other areas reasonably required for the proper execution of the Contract, including all requisite rights of way, as specified in the Appendix to the Contract Agreement titled Scope of Works and Supply by the Employer.  The Employer shall give full possession of and accord all rights of access thereto on or before the date(s) specified in that Appendix.

10.3   The Employer shall acquire and pay for all permits, approvals and/or licenses from all local, state or national government authorities or public service undertakings in the country where the Site is located which (a) such authorities or undertakings require the Employer to obtain in the Employer’s name, (b) are necessary for the execution of the Contract, including those required for the performance by both the Contractor and the Employer of their respective obligations under the Contract, and (c) are specified in the  Appendix  (Scope of Works and Supply by the Employer).

10.4   If requested by the Contractor, the Employer shall use its best endeavors to assist the Contractor in obtaining in a timely and expeditious manner all permits, approvals and/or licenses necessary for the execution of the Contract from all local, state or national government authorities or public service undertakings that such authorities or undertakings require the Contractor or Subcontractors or the personnel of the Contractor or Subcontractors, as the case may be, to obtain.

10.5   Unless otherwise specified in the Contract or agreed upon by the Employer and the Contractor, the Employer shall provide sufficient, properly qualified operating and maintenance personnel; shall supply and make available all raw materials, utilities, lubricants, chemicals, catalysts, other materials and facilities; and shall perform all work and services of whatsoever nature, including those required by the Contractor to properly carry out Precommissioning, Commissioning and Guarantee Tests, all in accordance with the provisions of the  Appendix to the Contract Agreement titled Scope of Works and Supply by the Employer, at or before the time specified in the program furnished by the Contractor under GCC Sub-Clause 18.2 hereof and in the manner thereupon specified or as otherwise agreed upon by the Employer and the Contractor.

10.6   The Employer shall be responsible for the continued operation of the Facilities after Completion, in accordance with GCC Sub-Clause 24.8, and shall be responsible for facilitating the Guarantee Test(s) for the Facilities, in accordance with GCC Sub-Clause 25.2.

10.7   All costs and expenses involved in the performance of the obligations under this GCC Clause 10 shall be the responsibility of the Employer, save those to be incurred by the Contractor with respect to the performance of Guarantee Tests, in accordance with GCC Sub-Clause 25.2.

10.8   In the event that the Employer shall be in breach of any of his obligations under this Clause, the additional cost incurred by the Contractor in consequence thereof shall be determined by the Project Manager and added to the Contract Price.

 

    
  1. Payment

11.  Contract Price

11.1   The Contract Price shall be as specified in Article 2 (Contract Price and Terms of Payment) of the Contract Agreement.

11.2   Unless an adjustment clause is provided for in the PCC, the Contract Price shall be a firm lump sum not subject to any alteration, except in the event of a Change in the Facilities or as otherwise provided in the Contract.

11.3   Subject to GCC Sub-Clauses 9.2, 10.1 and 35 hereof, the Contractor shall be deemed to have satisfied itself as to the correctness and sufficiency of the Contract Price, which shall, except as otherwise provided for in the Contract, cover all its obligations under the Contract.

12.  Terms of Payment

12.1   The Contract Price shall be paid as specified in Article 2 (Contract Price and Terms of Payment) of the Contract Agreement and in the Appendix to the Contract Agreement titled Terms and Procedures of Payment, which also outlines the procedures to be followed in making application for and processing payments.

12.2   No payment made by the Employer herein shall be deemed to constitute acceptance by the Employer of the Facilities or any part(s) thereof.

12.3   In the event that the Employer fails to make any payment by its respective due date or within the period set forth in the Contract, the Employer shall pay to the Contractor interest on the amount of such delayed payment at the rate(s) shown in the Appendix to the Contract Agreement titled Terms and Procedures of Payment, for the period of delay until payment has been made in full, whether before or after judgment or arbitrage award.

12.4   The currency or currencies in which payments are made to the Contractor under this Contract shall be specified in the Appendix to the Contract Agreement titled Terms and Procedures of Payment, subject to the general principle that payments will be made in the currency or currencies in which the Contract Price has been stated in the Contractor’s Bid.

12.5   As specified in the PCC, if the Contractor fails to perform its cyber security obligations under the Contract, an assessed amount, as determined by the Project Manager, may be withheld until the obligation has been performed.

13.  Securities

13.1   Issuance of Securities

The Contractor shall provide the securities specified below in favor of the Employer at the times, and in the amount, manner and form specified below.

13.2   Advance Payment Security

13.2.1 The Contractor shall, within twenty-eight (28) days of the notification of contract award, provide a security in an amount equal to the advance payment calculated in accordance with the Appendix to the Contract Agreement titled Terms and Procedures of Payment, and in the same currency or currencies.

13.2.2 The security shall be in the form provided in the Bidding documents or in another form acceptable to the Employer.  The amount of the security shall be reduced in proportion to the value of the Facilities executed by and paid to the Contractor from time to time, and shall automatically become null and void when the full amount of the advance payment has been recovered by the Employer.  The security shall be returned to the Contractor immediately after its expiration.

13.3   Performance Security

13.3.1 The Contractor shall, within twenty-eight (28) days of the notification of contract award, provide a security for the due performance of the Contract in the amount specified in the PCC.

13.3.2 The Performance Security shall be denominated in the currency or currencies of the Contract, or in a freely convertible currency acceptable to the Employer, and shall be in the form provided in Section X, Contract Forms, corresponding to the type of bank guarantee stipulated by the Employer in the PCC, or in another form acceptable to the Employer.

13.3.3 Unless otherwise specified in the PCC, the security shall be reduced by half on the date of the Operational Acceptance. The Security shall become null and void, or shall be reduced pro rata to the Contract Price of a part of the Facilities for which a separate Time for Completion is provided, five hundred and forty (540) days after Completion of the Facilities or three hundred and sixty five (365) days after Operational Acceptance of the Facilities, whichever occurs first; provided, however, that if the Defects Liability Period has been extended on any part of the Facilities pursuant to GCC Sub-Clause 27.8 hereof, the Contractor shall issue an additional security in an amount proportionate to the Contract Price of that part.  The security shall be returned to the Contractor immediately after its expiration, provided, however, that if the Contractor, pursuant to GCC Sub-Clause 27.10, is liable for an extended defect liability obligation, the Performance Security shall be extended for the period specified in the PCC pursuant to GCC Sub-Clause 27.10 and up to the amount specified in the PCC.

13.3.4 The Employer shall not make a claim under the Performance Security, except for amounts to which the Employer is entitled under the Contract. The Employer shall indemnify and hold the Contractor harmless against and from all damages, losses and expenses (including legal fees and expenses) resulting from a claim under the Performance Security to the extent to which the Employer was not entitled to make the claim.

14.  Taxes and Duties

14.1   Except as otherwise specifically provided in the Contract, the Contractor shall bear and pay all taxes, duties, levies and charges assessed on the Contractor, its Subcontractors or their employees by all municipal, state or national government authorities in connection with the Facilities in and outside of the country where the Site is located.

14.2   Notwithstanding GCC Sub-Clause 14.1 above, the Employer shall bear and promptly pay

(a)     all customs and import duties for the Plant specified in Price Schedule No. 1; and

(b)     other domestic taxes such as, sales tax and value added tax (VAT) on the Plant specified in Price Schedules No. 1 and No. 2 and that is to be incorporated into the Facilities, and on the finished goods, imposed by the law of the country where the Site is located.

14.3   If any tax exemptions, reductions, allowances or privileges may be available to the Contractor in the country where the Site is located, the Employer shall use its best endeavors to enable the Contractor to benefit from any such tax savings to the maximum allowable extent.

14.4   For the purpose of the Contract, it is agreed that the Contract Price specified in Article 2 (Contract Price and Terms of Payment) of the Contract Agreement is based on the taxes, duties, levies and charges prevailing at the date twenty-eight (28) days prior to the date of Bid submission in the country where the Site is located (hereinafter called “Tax” in this GCC Sub-Clause 14.4).  If any rates of Tax are increased or decreased, a new Tax is introduced, an existing Tax is abolished, or any change in interpretation or application of any Tax occurs in the course of the performance of Contract, which was or will be assessed on the Contractor, Subcontractors or their employees in connection with performance of the Contract, an equitable adjustment of the Contract Price shall be made to fully take into account any such change by addition to the Contract Price or deduction therefrom, as the case may be, in accordance with GCC Clause 36 hereof.

  1. Intellectual Property

15.  License/Use of Technical Information

15.1    For the operation and maintenance of the Plant, the Contractor hereby grants a non-exclusive and non-transferable license (without the right to sub-license) to the Employer under the patents, utility models or other industrial property rights owned by the Contractor or by a third Party from whom the Contractor has received the right to grant licenses thereunder, and shall also grant to the Employer a non-exclusive and non-transferable right (without the right to sub-license) to use the know-how and other technical information disclosed to the Employer under the Contract. Nothing contained herein shall be construed as transferring ownership of any patent, utility model, trademark, design, copyright, know-how or other intellectual property right from the Contractor or any third Party to the Employer.

15.2   The copyright in all drawings, documents and other materials containing data and information furnished to the Employer by the Contractor herein shall remain vested in the Contractor or, if they are furnished to the Employer directly or through the Contractor by any third Party, including suppliers of materials, the copyright in such materials shall remain vested in such third Party.

16.  Confidential Information

16.1   The Employer and the Contractor shall keep confidential and shall not, without the written consent of the other Party hereto, divulge to any third Party any documents, data or other information furnished directly or indirectly by the other Party hereto in connection with the Contract, whether such information has been furnished prior to, during or following termination of the Contract.  Notwithstanding the above, the Contractor may furnish to its Subcontractor(s) such documents, data and other information it receives from the Employer to the extent required for the Subcontractor(s) to perform its work under the Contract, in which event the Contractor shall obtain from such Subcontractor(s) an undertaking of confidentiality similar to that imposed on the Contractor under this GCC Clause 16.

16.2   The Employer shall not use such documents, data and other information received from the Contractor for any purpose other than the operation and maintenance of the Facilities.  Similarly, the Contractor shall not use such documents, data and other information received from the Employer for any purpose other than the design, procurement of Plant, construction or such other work and services as are required for the performance of the Contract.

16.3   The obligation of a Party under GCC Sub-Clauses 16.1 and 16.2 above, however, shall not apply to that information which

(a)   now or hereafter enters the public domain through no fault of that Party

(b)   can be proven to have been possessed by that Party at the time of disclosure and which was not previously obtained, directly or indirectly, from the other Party hereto

(c)   otherwise lawfully becomes available to that Party from a third Party that has no obligation of confidentiality

(d)  is being provided to the Bank.

16.4   The above provisions of this GCC Clause 16 shall not in any way modify any undertaking of confidentiality given by either of the Parties hereto prior to the date of the Contract in respect of the Facilities or any part thereof.

16.5   The provisions of this GCC Clause 16 shall survive termination, for whatever reason, of the Contract.

  1. Execution of the Facilities

17.  Representatives

17.1   Project Manager

If the Project Manager is not named in the Contract, then within fourteen (14) days of the Effective Date, the Employer shall appoint and notify the Contractor in writing of the name of the Project Manager.  The Employer may from time to time appoint some other person as the Project Manager in place of the person previously so appointed, and shall give a notice of the name of such other person to the Contractor without delay.  No such appointment shall be made at such a time or in such a manner as to impede the progress of work on the Facilities.  Such appointment shall only take effect upon receipt of such notice by the Contractor.  The Project Manager shall represent and act for the Employer at all times during the performance of the Contract.  All notices, instructions, orders, certificates, approvals and all other communications under the Contract shall be given by the Project Manager, except as herein otherwise provided.

All notices, instructions, information and other communications given by the Contractor to the Employer under the Contract shall be given to the Project Manager, except as herein otherwise provided.

17.2   Contractor’s Representative & Construction Manager

17.2.1 If the Contractor’s Representative is not named in the Contract, then within fourteen (14) days of the Effective Date, the Contractor shall appoint the Contractor’s Representative and shall request the Employer in writing to approve the person so appointed.  If the Employer makes no objection to the appointment within fourteen (14) days, the Contractor’s Representative shall be deemed to have been approved.  If the Employer objects to the appointment within fourteen (14) days giving the reason therefor, then the Contractor shall appoint a replacement within fourteen (14) days of such objection, and the foregoing provisions of this GCC Sub-Clause 17.2.1 shall apply thereto.

17.2.2     The Contractor’s Representative shall represent and act for the Contractor at all times during the performance of the Contract and shall give to the Project Manager all the Contractor’s notices, instructions, information and all other communications under the Contract.

All notices, instructions, information and all other communications given by the Employer or the Project Manager to the Contractor under the Contract shall be given to the Contractor’s Representative or, in its absence, its deputy, except as herein otherwise provided.

The Contractor shall not revoke the appointment of the Contractor’s Representative without the Employer’s prior written consent, which shall not be unreasonably withheld.  If the Employer consents thereto, the Contractor shall appoint some other person as the Contractor’s Representative, pursuant to the procedure set out in GCC Sub-Clause 17.2.1.

17.2.3     The Contractor’s Representative may, subject to the approval of the Employer which shall not be unreasonably withheld, at any time delegate to any person any of the powers, functions and authorities vested in him or her.  Any such delegation may be revoked at any time.  Any such delegation or revocation shall be subject to a prior notice signed by the Contractor’s Representative, and shall specify the powers, functions and authorities thereby delegated or revoked.  No such delegation or revocation shall take effect unless and until a copy thereof has been delivered to the Employer and the Project Manager.

Any act or exercise by any person of powers, functions and authorities so delegated to him or her in accordance with this GCC Sub-Clause 17.2.3 shall be deemed to be an act or exercise by the Contractor’s Representative.

17.2.4     From the commencement of installation of the Facilities at the Site until Completion, the Contractor’s Representative shall appoint a suitable person as the Construction Manager.  The Construction Manager shall supervise all work done at the Site by the Contractor and shall be present at the Site throughout normal working hours except when on leave, sick or absent for reasons connected with the proper performance of the Contract.  Whenever the Construction Manager is absent from the Site, a suitable person shall be appointed to act as the Construction Manager’s deputy.

17.2.5     The Project Manager may require the Contractor to remove (or cause to be removed) the Contractor’s Representative or any other person employed by the Contractor in the execution of the Contract, who:

  1. persists in any misconduct or lack of care;
  2. carries out duties incompetently or negligently;
  3. fails to comply with any provision of the Contract;
  4. persists in any conduct which is prejudicial to safety, health, or the protection of the environment;
  5. based on reasonable evidence, is determined to have engaged in Fraud and Corruption during the execution of the Contract;
  6. has been recruited from the Employer’s Personnel in breach of GCC Sub-Clause 22.2.2;
  7. undertakes behaviour which breaches the Code of Conduct (ES), as applicable;

If appropriate, the Contractor shall then promptly appoint (or cause to be appointed) a suitable replacement with equivalent skills and experience.

Notwithstanding any requirement from the Project Manager to remove or cause to remove any person, the Contractor shall take immediate action as appropriate in response to any violation of (a) through (g) above. Such immediate action shall include removing (or causing to be removed) from the Site or other places where the Contract is being executed, any Contractor’s Personnel who engages in (a), (b), (c), (d), (e) or (g) above or has been recruited as stated in (f) above..

17.2.6     If any representative or person employed by the Contractor is removed in accordance with GCC Sub-Clause 17.2.5, the Contractor shall, where required, promptly appoint a suitable replacement with equivalent skills and experience.

18.  Work Program

18.1   Contractor’s Organization

The Contractor shall supply to the Employer and the Project Manager a chart showing the proposed organization to be established by the Contractor for carrying out work on the Facilities within twenty-one (21) days of the Effective Date.  The chart shall include the identities of the key personnel and the curricula vitae of such key personnel to be employed shall be supplied together with the chart.  The Contractor shall promptly inform the Employer and the Project Manager in writing of any revision or alteration of such an organization chart.

18.2   Program of Performance

Within twenty-eight (28) days after the Effective Date, the Contractor shall submit to the Project Manager a detailed program of performance of the Contract, made in a form acceptable to the Project Manager and showing the sequence in which it proposes to design, manufacture, transport, assemble, install and precommission the Facilities, as well as the date by which the Contractor reasonably requires that the Employer shall have fulfilled its obligations under the Contract so as to enable the Contractor to execute the Contract in accordance with the program and to achieve Completion, Commissioning and Acceptance of the Facilities in accordance with the Contract.  The program so submitted by the Contractor shall accord with the Time Schedule included in the Appendix to the Contract Agreement titled Time Schedule, and any other dates and periods specified in the Contract.  The Contractor shall update and revise the program as and when appropriate or when required by the Project Manager, but without modification in the Times for Completion specified in the PCC pursuant to Sub-Clause 8.2 and any extension granted in accordance with GCC Clause 40, and shall submit all such revisions to the Project Manager.

18.3   Progress Report

The Contractor shall monitor progress of all the activities specified in the program referred to in GCC Sub-Clause 18.2 above, and supply a progress report to the Project Manager every month.

The progress report shall be in a form acceptable to the Project Manager and shall indicate: (a) percentage completion achieved compared with the planned percentage completion for each activity; and (b) where any activity is behind the program, giving comments and likely consequences and stating the corrective action being taken.

Unless otherwise stated in the Employer’s Requirements, each progress report shall include the Environmental and Social (ES) metrics set out in Appendix C.

If stated in the PCC, progress report shall include status of compliance to cyber security risks management, and any foreseeable cyber security risk and mitigation.

In addition to the progress reports, the Contractor shall inform the Project Manager immediately of any allegation, incident or accident in the Site,  which has or is likely to have a significant adverse effect on the environment, the affected communities, the public, Employer’s Personnel or Contractor’s Personnel. This includes, but is not limited to, any incident or accident causing fatality or serious injury; significant adverse effects or damage to private property; any cyber security incidents as specified in the PCC; or any allegation of SEA and/or SH. In case of SEA and/or SH, while maintaining confidentiality as appropriate, the type of allegation (sexual exploitation, sexual abuse or sexual harassment), gender and age of the person who experienced the alleged incident should be included in the information.

The Contractor, upon becoming aware of the allegation, incident or accident, shall also immediately inform the Project Manager of any such incident or accident on the Subcontractors’ or suppliers’ premises relating to the Facilities  which has or is likely to have a significant adverse effect on the environment, the affected communities, the public, Employer’s Personnel, or Contractor’s, its Subcontractors’ and suppliers’ personnel. The notification shall provide sufficient detail regarding such incidents or accidents. The Contractor shall provide full details of such incidents or accidents to the Project Manager within the timeframe agreed with the Project Manager.

The Contractor shall require its Subcontractors and suppliers to immediately notify the Contractor of any incidents or accidents referred to in this Subclause.

18.4   Progress of Performance

If at any time the Contractor’s actual progress falls behind the program referred to in GCC Sub-Clause 18.2, or it becomes apparent that it will so fall behind, the Contractor shall, at the request of the Employer or the Project Manager, prepare and submit to the Project Manager a revised program, taking into account the prevailing circumstances, and shall notify the Project Manager of the steps being taken to expedite progress so as to attain Completion of the Facilities within the Time for Completion under GCC Sub-Clause 8.2, any extension thereof entitled under GCC Sub-Clause 40.1, or any extended period as may otherwise be agreed upon between the Employer and the Contractor.

18.5   Procedures

The Contract shall be executed in accordance with the Contract Documents including the procedures given in the Forms and Procedures of the Employer’s Requirements.

The Contractor may execute the Contract in accordance with its own standard project execution plans and procedures to the extent that they do not conflict with the provisions contained in the Contract.

19.  Subcontracting

19.1   The Appendix to the Contract Agreement titled List of Major Items of Plant and Installation Services and List of Approved Subcontractors, specifies major items of supply or services and a list of approved Subcontractors against each item, including manufacturers.  Insofar as no Subcontractors are listed against any such item, the Contractor shall prepare a list of Subcontractors for such item for inclusion in such list.  The Contractor may from time to time propose any addition to or deletion from any such list.  The Contractor shall submit any such list or any modification thereto to the Employer for its approval in sufficient time so as not to impede the progress of work on the Facilities. Submission by the Contractor, for addition of any Subcontractor not named in the Contract, shall also include the Subcontractor’s declaration in accordance with Appendix D- Sexual exploitation and Abuse (SEA) and/or Sexual Harassment (SH) Performance Declaration. Approval by the Employer for any of the Subcontractors shall not relieve the Contractor from any of its obligations, duties or responsibilities under the Contract.

19.2   The Contractor shall select and employ its Subcontractors for such major items from those listed in the lists referred to in GCC Sub-Clause 19.1.

19.3   For items or parts of the Facilities not specified in the Appendix to the Contract Agreement titled List of Major Items of Plant and Installation Services and List of Approved Subcontractors, the Contractor may employ such Subcontractors as it may select, at its discretion.

19.4   Each sub-contract shall include provisions which would entitle the Employer to require the sub-contract to be assigned to the Employer under GCC 19.5 (if and when applicable), or in event of termination by the Employer under GCC 42.2.

19.5   If a Subcontractor's obligations extend beyond the expiry date of the relevant Defects Liability Period and the Project Manager, prior to that date, instructs the Contractor to assign the benefits of such obligations to the Employer, then the Contractor shall do so.

19.6 The Contractor shall ensure that its Subcontractors execute the Facilities in accordance with the Contract, including complying with the relevant ES requirements and the obligations set out in GCC Sub-Clause 22.4.

20.  Design and Engineering

20.1   Specifications and Drawings

20.1.1     The Contractor shall execute the basic and detailed design and the engineering work in compliance with the provisions of the Contract, or where not so specified, in accordance with good engineering practice.

The Contractor shall be responsible for any discrepancies, errors or omissions in the specifications, drawings and other technical documents that it has prepared, whether such specifications, drawings and other documents have been approved by the Project Manager or not, provided that such discrepancies, errors or omissions are not because of inaccurate information furnished in writing to the Contractor by or on behalf of the Employer.

20.1.2     The Contractor shall be entitled to disclaim responsibility for any design, data, drawing, specification or other document, or any modification thereof provided or designated by or on behalf of the Employer, by giving a notice of such disclaimer to the Project Manager.

20.2   Codes and Standards

Wherever references are made in the Contract to codes and standards in accordance with which the Contract shall be executed, the edition or the revised version of such codes and standards current at the date twenty-eight (28) days prior to date of Bid submission shall apply unless otherwise specified.  During Contract execution, any changes in such codes and standards shall be applied subject to approval by the Employer and shall be treated in accordance with GCC Clause 39.

20.3   Approval/Review of Technical Documents by Project Manager

20.3.1     The Contractor shall prepare or cause its Subcontractors to prepare, and furnish to the Project Manager the documents listed in the  Appendix to the Contract Agreement titled List of Documents for Approval or Review, for its approval or review as specified and in accordance with the requirements of GCC Sub-Clause 18.2 (Program of Performance).

Any part of the Facilities covered by or related to the documents to be approved by the Project Manager shall be executed only after the Project Manager’s approval thereof.

GCC Sub-Clauses 20.3.2 through 20.3.7 shall apply to those documents requiring the Project Manager’s approval, but not to those furnished to the Project Manager for its review only.

20.3.2     Within fourteen (14) days after receipt by the Project Manager of any document requiring the Project Manager’s approval in accordance with GCC Sub-Clause 20.3.1, the Project Manager shall either return one copy thereof to the Contractor with its approval endorsed thereon or shall notify the Contractor in writing of its disapproval thereof and the reasons therefor and the modifications that the Project Manager proposes.

If the Project Manager fails to take such action within the said fourteen (14) days, then the said document shall be deemed to have been approved by the Project Manager.

20.3.3     The Project Manager shall not disapprove any document, except on the grounds that the document does not comply with the Contract or that it is contrary to good engineering practice.

20.3.4     If the Project Manager disapproves the document, the Contractor shall modify the document and resubmit it for the Project Manager’s approval in accordance with GCC Sub-Clause 20.3.2. If the Project Manager approves the document subject to modification(s), the Contractor shall make the required modification(s), whereupon the document shall be deemed to have been approved.

20.3.5     If any dispute or difference occurs between the Employer and the Contractor in connection with or arising out of the disapproval by the Project Manager of any document and/or any modification(s) thereto that cannot be settled between the Parties within a reasonable period, then such dispute or difference may be referred to a Dispute Board for determination in accordance with GCC Sub-Clause 46.1 hereof.  If such dispute or difference is referred to a Dispute Board, the Project Manager shall give instructions as to whether and if so, how, performance of the Contract is to proceed.  The Contractor shall proceed with the Contract in accordance with the Project Manager’s instructions, provided that if the Dispute Board upholds the Contractor’s view on the dispute and if the Employer has not given notice under GCC Sub-Clause 46.3 hereof, then the Contractor shall be reimbursed by the Employer for any additional costs incurred by reason of such instructions and shall be relieved of such responsibility or liability in connection with the dispute and the execution of the instructions as the Dispute Board shall decide, and the Time for Completion shall be extended accordingly.

20.3.6     The Project Manager’s approval, with or without modification of the document furnished by the Contractor, shall not relieve the Contractor of any responsibility or liability imposed upon it by any provisions of the Contract except to the extent that any subsequent failure results from modifications required by the Project Manager.

20.3.7     The Contractor shall not depart from any approved document unless the Contractor has first submitted to the Project Manager an amended document and obtained the Project Manager’s approval thereof, pursuant to the provisions of this GCC Sub-Clause 20.3.

If the Project Manager requests any change in any already approved document and/or in any document based thereon, the provisions of GCC Clause 39 shall apply to such request.

21.  Procurement

21.1   Plant

Subject to GCC Sub-Clause 14.2, the Contractor shall procure and transport all Plant in an expeditious and orderly manner to the Site.

21.2   Employer-Supplied Plant

If the Appendix to the Contract Agreement titled Scope of Works and Supply by the Employer, provides that the Employer shall furnish any specific items to the Contractor, the following provisions shall apply:

21.2.1     The Employer shall, at its own risk and expense, transport each item to the place on or near the Site as agreed upon by the Parties and make such item available to the Contractor at the time specified in the program furnished by the Contractor, pursuant to GCC Sub-Clause 18.2, unless otherwise mutually agreed.

21.2.2     Upon receipt of such item, the Contractor shall inspect the same visually and notify the Project Manager of any detected shortage, defect or default.  The Employer shall immediately remedy any shortage, defect or default, or the Contractor shall, if practicable and possible, at the request of the Employer, remedy such shortage, defect or default at the Employer’s cost and expense.  After inspection, such item shall fall under the care, custody and control of the Contractor.  The provision of this GCC Sub-Clause 21.2.2 shall apply to any item supplied to remedy any such shortage or default or to substitute for any defective item, or shall apply to defective items that have been repaired.

21.2.3     The foregoing responsibilities of the Contractor and its obligations of care, custody and control shall not relieve the Employer of liability for any undetected shortage, defect or default, nor place the Contractor under any liability for any such shortage, defect or default whether under GCC Clause 27 or under any other provision of Contract.

21.3   Transportation

21.3.1     The Contractor shall at its own risk and expense transport all the materials and the Contractor’s Equipment to the Site by the mode of transport that the Contractor judges most suitable under all the circumstances.

21.3.2     Unless otherwise provided in the Contract, the Contractor shall be entitled to select any safe mode of transport operated by any person to carry the materials and the Contractor’s Equipment.

21.3.3     Upon dispatch of each shipment of materials and the Contractor’s Equipment, the Contractor shall notify the Employer by telex, cable, facsimile or electronic means, of the description of the materials and of the Contractor’s Equipment, the point and means of dispatch, and the estimated time and point of arrival in the country where the Site is located, if applicable, and at the Site.  The Contractor shall furnish the Employer with relevant shipping documents to be agreed upon between the Parties.

21.3.4     The Contractor shall be responsible for obtaining, if necessary, approvals from the authorities for transportation of the materials and the Contractor’s Equipment to the Site.  The Employer shall use its best endeavors in a timely and expeditious manner to assist the Contractor in obtaining such approvals, if requested by the Contractor.  The Contractor shall indemnify and hold harmless the Employer from and against any claim for damage to roads, bridges or any other traffic facilities that may be caused by the transport of the materials and the Contractor’s Equipment to the Site.

21.4   Customs Clearance

The Contractor shall, at its own expense, handle all imported materials and Contractor’s Equipment at the point(s) of import and shall handle any formalities for customs clearance, subject to the Employer’s obligations under GCC Sub-Clause 14.2, provided that if applicable laws or regulations require any application or act to be made by or in the name of the Employer, the Employer shall take all necessary steps to comply with such laws or regulations.  In the event of delays in customs clearance that are not the fault of the Contractor, the Contractor shall be entitled to an extension in the Time for Completion, pursuant to GCC Clause 40.

22.  Installation

22.1   Setting Out/Supervision

22.1.1     Bench Mark:  The Contractor shall be responsible for the true and proper setting-out of the Facilities in relation to bench marks, reference marks and lines provided to it in writing by or on behalf of the Employer.

           If, at any time during the progress of installation of the Facilities, any error shall appear in the position, level or alignment of the Facilities, the Contractor shall forthwith notify the Project Manager of such error and, at its own expense, immediately rectify such error to the reasonable satisfaction of the Project Manager.  If such error is based on incorrect data provided in writing by or on behalf of the Employer, the expense of rectifying the same shall be borne by the Employer.

22.1.2     Contractor’s Supervision:  The Contractor shall give or provide all necessary superintendence during the installation of the Facilities, and the Construction Manager or its deputy shall be constantly on the Site to provide full-time superintendence of the installation.  The Contractor shall provide and employ only technical personnel who are skilled and experienced in their respective callings and supervisory staff who are competent to adequately supervise the work at hand.

22.2   Labor:

22.2.1 Engagement of Staff and Labor

Except as otherwise stated in the  Employer’s Requirements, the Contractor shall make arrangements for the engagement of all staff and labor, local or otherwise, and for their payment, housing, feeding and transport.

The Contractor shall provide and employ on the Site in the installation of the Facilities such skilled, semi-skilled and unskilled labor as is necessary for the proper and timely execution of the Contract.  The Contractor is encouraged to use local labor that has the necessary skills.

The Contractor shall be responsible for obtaining all necessary permit(s) and/or visa(s) from the appropriate authorities for the entry of all labor and personnel to be employed on the Site into the country where the Site is located. The Employer will, if requested by the Contractor, use his best endeavors in a timely and expeditious manner to assist the Contractor in obtaining any local, state, national or government permission required for bringing in the Contractor’s   Personnel.

The Contractor shall at its own expense provide the means of repatriation to all of its Contractor’s Personnel employed for the excution of the Contract at the Site or other places where the Installation Services are carried out to the place where they were recruited or to their domicile.  It shall also provide suitable temporary maintenance of all such persons from the cessation of their employment on the Contract to the date programmed for their departure.  In the event that the Contractor defaults in providing such means of transportation and temporary maintenance, the Employer may provide the same to such personnel and recover the cost of doing so from the Contractor.

The Contractor shall provide Contractor’s Personnel employed for the execution of the Contract at the Site or other places where the Installation Services are carried out, relevant information and documentation that are clear and understandable regarding their terms and conditions of employment. The information and documentation shall set out their rights under relevant labor laws applicable to the Contractor’s Personnel (which will include any applicable collective agreements), including their rights related to hours of work, wages, overtime, compensation and benefits, as well as those arising from any requirements in the  Employer’s Requirements. The Contractor’s Personnel shall be informed when any material changes to their terms or conditions of employment occur.

22.2.2 Persons in the Service of Employer

The Contractor shall not recruit, or attempt to recruit, staff and labor from amongst the Employer’s Personnel.

22.2.3 Labor Laws

The Contractor shall comply with all the relevant labor laws applicable to the Contractor’s Personnel, including laws relating to their employment, health, safety, welfare, immigration and emigration, and shall allow them all their legal rights.

The Contractor shall at all times during the progress of the Contract use its best endeavors to prevent any unlawful, riotous or disorderly conduct or behavior by or amongst its employees and the labor of its Subcontractors.

The Contractor shall, in all dealings with its labor and the labor of its Subcontractors currently employed on or connected with the Contract, pay due regard to all recognized festivals, official holidays, religious or other customs and all local laws and regulations pertaining to the employment of labor.

22.2.4 Rates of Wages and Conditions of Labor

The Contractor shall pay rates of wages, and observe conditions of labor, which are not lower than those established for the trade or industry where the work is carried out. If no established rates or conditions are applicable, the Contractor shall pay rates of wages and observe conditions which are not lower than the general level of wages and conditions observed locally by employers whose trade or industry is similar to that of the Contractor.

The Contractor shall inform the Contractor’s Personnel about:

  1. any deduction to their payment and the conditions of such deductions in accordance with the applicable laws or as stated in the Employer’s Requirements; and
  2. their liability to pay personal income taxes in the Country in respect of such of their salaries, wages, allowances and any benefits as are subject to tax under the laws of the Country for the time being in force.

The Contractor shall perform such duties in regard to such deductions thereof as may be imposed on him by such laws.

Where required by applicable Laws or as stated in the Employer’s Requirements, the Contractor and its Subcontarctors shall provide their  personnel written notice of termination of employment and details of severance payments in a timely manner. The Contractor and its Subcontractors shall have paid their personnel (either directly or where appropriate for their benefit) all due wages and entitlements including, as applicable, social security benefits and pension contributions, on or before the end of their engagement/ employment.

22.2.5 Working Hours

    No work shall be carried out on the Site on locally recognized days of rest, or outside the normal working hours stated in the PCC, unless:

(a)     otherwise stated in the Contract,

(b)     the Project Manager gives consent, or

(c)     the work is unavoidable, or necessary for the protection of life or property or for the safety of the Facilities, in which case the Contractor shall immediately advise the Project Manager.

If and when the Contractor considers it necessary to carry out work at night or on public holidays so as to meet the Time for Completion and requests the Project Manager’s consent thereto, the Project Manager shall not unreasonably withhold such consent.

This Sub-Clause shall not apply to any work which is customarily carried out by rotary or double-shifts.

22.2.6 Facilities for Staff and Labor

Except as otherwise stated in the Employer’s Requirements, the Contractor shall provide and maintain all necessary accommodation and welfare facilities for the Contractor’s Personnel employed for the execution of the Contract at the Site or other places where the Installation Services are carried out. The Contractor shall also provide facilities for the Employer’s  Personnel as stated in the Employer’s Requirements.

If stated in the Employer’s Requirements, the Contractor shall give access to or provide services that accommodate the physical, social and cultural needs of the Contractor’s Personnel. The Contractor shall also provide similar facilities for the Employer’s Personnel as stated in the Employer’s Requirements.

The Contractor shall not permit any of the Contractor’s Personnel to maintain any temporary or permanent living quarters within the structures forming part of the Facilities.

22.2.7 Health and Safety

The Contractor shall at all times take all reasonable precautions to maintain the health and safety of the  Contractor’s Personnel employed for the execution of Installation Services at the Site (or other places in the country where the Site is located).

Subject to GCC Sub-Clause 9.9, the Contractor shall submit to the Project Manager for its approval a health and safety manual which sets out all the health and safety requirements under the Contract.

The health and safety manual shall be in addition to any other similar document required under applicable health and safety regulations and Laws.

The Contractor shall:

  1. comply with all applicable health and safety regulations and laws;
  2. comply with all applicable health and safety obligations specified in the Contract;
  3. develop and implement procedures to establish and maintain a safe working environment without risk to health at all workplaces, machinery, equipment and processes under the control of the Contractor, including control measures for chemical, physical and biological substances and agents;
  4. provide health and safety training of the Contractor’s Personnel as appropriate and maintain training records;
  5. actively engage the Contractor’s Personnel in promoting understanding, and methods for, implementation of health and safety requirements, as well as in providing information to such personnel, and provision of personal protective equipment without expense to the personnel;
  6. put in place workplace processes for the Contractor’s  Personnel to report work situations that they believe are not safe or healthy, and to remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health; Contractor’s Personnel who remove themselves from such work situations shall not be required to return to work until necessary remedial action to correct the situation has been taken. Such personnel shall not be retaliated against or otherwise subject to reprisal or negative action for such reporting or removal;
  7. in collaboration with local health authorities, ensure that medical staff, first aid facilities, sick bay and ambulance service are available at all times at the Site and at any accommodation for Contractor’s and Employer’s Personnel;
  8. appoint an accident prevention officer at the Site, responsible for maintaining safety and protection against accidents. This person shall be qualified for this responsibility and shall have the authority to issue instructions and take protective measures to prevent accidents. Throughout the performance of the Contract, the Contractor shall provide whatever is required by this person to exercise this responsibility and authority;
  9. put in place measures to avoid or minimize the potential for community exposure to water-borne, water-based, water-related, and vector-borne diseases;
  10. put in place measures to be implemented to avoid or minimize the spread of communicable diseases (including transfer of Sexually Transmitted Diseases or Infections (STDs), such as HIV virus) and non-communicable diseases associated with the Installation Services, taking into consideration differentiated exposure to and higher sensitivity of vulnerable groups. This includes taking measures to avoid or minimize the transmission of communicable diseases that may be associated with the influx of temporary or permanent Contract-related labor;
  11. have in place procedures for prevention, preparedness and response activities to be implemented in the case of an emergency event (i.e. an unanticipated incident, arising from both natural and man-made hazards, typically in the form of fire, explosions, leaks or spills, which may occur for a variety of different reasons including failure to implement operating procedures that are designed to prevent their occurrence, extreme weather or lack of early warning);
  12. collaborate, as applicable,  with the Employer’s Personnel, any other contractors employed by the Employer, and/or personnel of any legally constituted public authorities and private utility companies that are employed in carrying out, on or near the site, of any work not included in the Contract, in applying the health and safety requirements. This is without prejudice to the responsibility of the relevant entities  for the health and safety of their  own  personnel; and  
  13. put in place a system for regular review of health and safety performance and the working environment.

22.2.8 Funeral Arrangements

In the event of the death of any of the Contractor’s Personnel or accompanying members of their families, the Contractor shall be responsible for making the appropriate arrangements for their return or burial, unless otherwise specified in the PCC.

22.2.9 Records of Contractor’s Personnel

The Contractor shall keep accurate records of the Contractor’s Personnel, including the number of each class of Contractor’s personnel on the Site and the names, ages, genders, hours worked and wages paid to all workers. These records shall be summarized on a monthly basis in a form approved by the Project Manager and shall be available for inspection by the Project Manager until the Contractor has completed all work.

22.2.10 Supply of Foodstuffs

The Contractor shall arrange for the provision of a sufficient supply of suitable food as may be stated in the Employer’s Requirements at reasonable prices for the Contractor’s personnel for the purposes of or in connection with the Contract.

22.2.11 Supply of Water

The Contractor shall, having regard to local conditions, provide on the Site an adequate supply of drinking and other water for the use of the Contractor’s personnel.

22.2.12 Measures against Insect and Pest Nuisance

The Contractor shall at all times take the necessary precautions to protect the Contractor’s Personnel employed on the Site from insect and pest nuisance, and to reduce their danger to health. The Contractor shall comply with all the regulations of the local health authorities, including use of appropriate insecticide.

22.2.13 Alcoholic Liquor or Drugs

The Contractor shall not, otherwise than in accordance with the laws of the Country, import, sell, give barter or otherwise dispose of any alcoholic liquor or drugs, or permit or allow importation, sale, gift barter or disposal by Contractor's Personnel.

22.2.14 Arms and Ammunition

The Contractor shall not give, barter, or otherwise dispose of, to any person, any arms or ammunition of any kind, or allow Contractor's Personnel to do so.

22.2.15 Workers’ Organizations

In countries where the relevant labor laws recognize workers’ rights to form and to join workers’ organizations of their choosing and to bargain collectively without interference, the Contractor shall comply with such laws. In such circumstances, the role of legally established workers’ organizations and legitimate workers’ representatives will be respected, and they will be provided with information needed for meaningful negotiation in a timely manner. Where the relevant labor laws substantially restrict workers’ organizations, the Contractor shall enable alternative means for the Contractor’s Personnel to express their grievances and protect their rights regarding working conditions and terms of employment. The Contractor shall not seek to influence or control these alternative means. The Contractor shall not discriminate or retaliate against the Contractor’s Personnel who participate, or seek to participate, in such organizations and collective bargaining or alternative mechanisms. Workers’ organizations are expected to fairly represent the workers in the workforce.

22.2.16  Non-Discrimination and Equal Opportunity

The Contractor shall not make decisions relating to the employment or treatment of Contractor’s Personnel on the basis of personal characteristics unrelated to inherent job requirements. The Contractor shall base the employment of Contractor’s Personnel on the principle of equal opportunity and fair treatment, and shall not discriminate with respect to any aspects of the employment relationship, including recruitment and hiring, compensation (including wages and benefits), working conditions and terms of employment, access to training, job assignment, promotion, termination of employment or retirement, and disciplinary practices.

Special measures of protection or assistance to remedy past discrimination or selection for a particular job based on the inherent requirements of the job shall not be deemed discrimination. The Contractor shall provide protection and assistance as necessary to ensure non-discrimination and equal opportunity, including for specific groups such as women, people with disabilities, migrant workers and children (of working age in accordance with GCC Sub-Clause 9.13).

22.2.17  Contractor’s Personnel Grievance Mechanism

The Contractor shall have a grievance mechanism for the Contractor’s Personnel, and where relevant the workers’ organizations stated in subclause 22.2.15, to raise workplace concerns. The grievance mechanism shall be proportionate to the nature, scale, risks and impacts of the Contract. The mechanism shall address concerns promptly, using an understandable and transparent process that provides timely feedback to those concerned in a language they understand, without any retribution, and shall operate in an independent and objective manner.

The Contractor’s Personnel shall be informed of the grievance mechanism at the time of engagement for the Contract, and the measures put in place to protect them against any reprisal for its use. Measures will be put in place to make the grievance mechanism easily accessible to all Contractor’s Personnel.

The grievance mechanism shall not impede access to other judicial or administrative remedies that might be available, or substitute for grievance mechanisms provided through collective agreements.

The grievance mechanism may utilize existing grievance mechanisms, providing that they are properly designed and implemented, address concerns promptly, and are readily accessible to such project workers. Existing grievance mechanisms may be supplemented as needed with Contract-specific arrangements.

22.3   Contractor’s Equipment

22.3.1 All Contractor’s Equipment brought by the Contractor onto the Site shall be deemed to be intended to be used exclusively for the execution of the Contract.  The Contractor shall not remove the same from the Site without the Project Manager’s consent that such Contractor’s Equipment is no longer required for the execution of the Contract.

22.3.2 Unless otherwise specified in the Contract, upon completion of the Facilities, the Contractor shall remove from the Site all Equipment brought by the Contractor onto the Site and any surplus materials remaining thereon.

22.3.3 The Employer will, if requested, use its best endeavors to assist the Contractor in obtaining any local, state or national government permission required by the Contractor for the export of the Contractor’s Equipment imported by the Contractor for use in the execution of the Contract that is no longer required for the execution of the Contract.

22.4   Site Regulations

The Employer and the Contractor shall establish Site regulations setting out the rules to be observed in the execution of the Contract at the Site and shall comply therewith.  The Contractor shall prepare and submit to the Project Manager with a copy to the Employer, proposed Site regulations for the Project Manager’s approval, which approval shall not be unreasonably withheld.

Such Site regulations shall include, but shall not be limited to, Code of Conduct for environmental and social aspectssubmitted as part of the Bid and agreed to by the Employer, , security arrangements in accordance with GCC Sub-Clause 22.8, safety of the Facilities, gate control, sanitation, medical care, and fire prevention.

The Contractor shall take all necessary measures to ensure that each Contractor’s Personnel, employed for the execution of the Contract at the Site or other places where the Installation Services are carried out, is made aware of the Code of Conduct including specific behaviors that are prohibited, and understands the consequences of engaging in such prohibited behaviors. 

These measures include providing instructions and documentation that can be understood by the Contractor’s Personnel and seeking to obtain that person’s signature acknowledging receipt of such instructions and/or documentation, as appropriate.

The Contractor shall also ensure that the Code of Conduct is visibly displayed in multiple locations on the Site and any other place where the Installation Services  will be carried out, as well as in areas outside the Site accessible to the local community and project affected people. The posted Code of Conduct shall be provided in languages comprehensible to Contractor’s Personnel, Employer’s Personnel and the local community.

The Contractor’s Management Strategy and Implementation Plans shall include appropriate processes for the Contractor to verify compliance with these obligations.

22.5   Opportunities for Other Contractors

22.5.1 The Contractor shall, upon written request from the Employer or the Project Manager, give all reasonable opportunities for carrying out the work to any other contractors employed by the Employer on or near the Site.

22.5.2 If the Contractor, upon written request from the Employer or the Project Manager, makes available to other contractors any roads or ways the maintenance for which the Contractor is responsible, permits the use by such other contractors of the Contractor’s Equipment, or provides any other service of whatsoever nature for such other contractors, the Employer shall fully compensate the Contractor for any loss or damage caused or occasioned by such other contractors in respect of any such use or service, and shall pay to the Contractor reasonable remuneration for the use of such equipment or the provision of such services.

22.5.3 The Contractor shall also so arrange to perform its work as to minimize, to the extent possible, interference with the work of other contractors.  The Project Manager shall determine the resolution of any difference or conflict that may arise between the Contractor and other contractors and the workers of the Employer in regard to their work.

22.5.4 The Contractor shall notify the Project Manager promptly of any defects in the other contractors’ work that come to its notice, and that could affect the Contractor’s work.  The Project Manager shall determine the corrective measures, if any, required to rectify the situation after inspection of the Facilities.  Decisions made by the Project Manager shall be binding on the Contractor.

22.6   Emergency Work

If, by reason of an emergency arising in connection with and during the execution of the Contract, any protective or remedial work is necessary as a matter of urgency to prevent damage to the Facilities, the Contractor shall immediately carry out such work.

If the Contractor is unable or unwilling to do such work immediately, the Employer may do or cause such work to be done as the Employer may determine is necessary in order to prevent damage to the Facilities.  In such event the Employer shall, as soon as practicable after the occurrence of any such emergency, notify the Contractor in writing of such emergency, the work done and the reasons therefor. If the work done or caused to be done by the Employer is work that the Contractor was liable to do at its own expense under the Contract, the reasonable costs incurred by the Employer in connection therewith shall be paid by the Contractor to the Employer.  Otherwise, the cost of such remedial work shall be borne by the Employer.

22.7   Site Clearance

22.7.1 Site Clearance in Course of Performance:  In the course of carrying out the Contract, the Contractor shall keep the Site reasonably free from all unnecessary obstruction, store or remove any surplus materials, clear away any wreckage, rubbish or temporary works from the Site, and remove any Contractor’s Equipment no longer required for execution of the Contract.

22.7.2 Clearance of Site after Completion:  After Completion of all parts of the Facilities, the Contractor shall clear away and remove all wreckage, rubbish and debris of any kind from the Site, and shall leave the Site and Facilities in a clean and safe condition.

22.8    Security of the Site

The Contractor shall be responsible for the security of the Site including providing and maintaining at its own expense all lighting, fencing, and watching when and where necessary for the proper execution and the protection of the Facilities, or for the safety of the owners and occupiers of adjacent property and for the safety of the public.

If required in the Employer’s Requirements, the Contractor shall submit for the Project Manager’s No-objection a security management plan that sets the security arrangements for the Site.

In making security arrangements, the Contractor shall be guided by applicable laws and any other requirements stated in the Employer’s Requirements.

The Contractor shall (i) conduct appropriate background checks on any personnel retained to provide security; (ii) train the security personnel adequately (or determine that they are properly trained) in the use of force (and where applicable, firearms), and appropriate conduct towards Contractor’s Personnel, Employer’s personnel and affected communities; and (iii) require the security personnel to act within the applicable Laws and any requirements set out in the Employer’s Reqquirements.

The Contractor shall not permit any use of force by security personnel in providing security except when used for preventive and defensive purposes in proportion to the nature and extent of the threat.

22.9 Protection of the Environment

The Contractor shall take all necessary measures to:

      1. protect the environment (both on and off the Site); and
      2. limit damage and nuisance to people and property resulting from pollution, noise and other results of the Contractor’s operations and/ or activities.

The Contractor shall ensure that emissions, surface discharges, effluent and any other pollutants from the Contractor’s activities shall exceed neither the values indicated in the Employer’s Requirements, nor those prescribed by applicable laws.

In the event of damage to the environment, property and/or nuisance to people, on or off Site as a result of the Contractor’s operations, the Contractor shall agree with the Project Manager the appropriate actions and time scale to remedy, as practicable, the damaged environment to its former condition. The Contractor shall implement such remedies at its cost to the satisfaction of the Project Manager.

22.10  Traffic and Road Safety

The Contractor shall take all necessary safety measures to avoid the occurrence of incidents and injuries to any third party associated with the use of Contractor’s Equipment on public roads or other public infrastructure.

The Contractor shall monitor and use road safety incidents and accidents reports to identify negative safety issues, and establish and implement necessary measures to resolve them.

22.11 Cultural Heritage Findings

All fossils, coins, articles of value or antiquity, structures, groups of structures, and other remains or items of geological, archaeological, paleontological, historical, architectural, religious interest found on the Site shall be placed under the care and custody of the Employer.

The Contractor shall:

  1. take all reasonable precautions, including fencing-off the area or site of the finding, to avoid further disturbance and prevent Contractor’s Personnel or other persons from removing or damaging any of these findings;
  2. as soon as practicable after discovery of any such finding, give a notice to the Project Manager, to give the Project Manager the opportunity to promptly inspect and/or investigate the finding before it is disturbed and to issue instructions for dealing with it;
  3. train relevant Contractor’s Personnel on the procedures for handling such findings; and
  4. implement any other action consistent with the requirements of the Employer’s Requirements and relevant laws.

If the Contractor suffers delay and/or incurs extra costs from complying  with the Project Manager instructions,  the Contractor shall be entitled to an extension of time under GCC Sub-Clause 40.1, and the amount of such extra costs shall be added to the Contract Price.

23.  Test and Inspection

23.1   The Contractor shall at its own expense carry out at the place of manufacture and/or on the Site all such tests and/or inspections of the Plant and any part of the Facilities as are specified in the Contract.

23.2   The Employer and the Project Manager or their designated representatives shall be entitled to attend the aforesaid test and/or inspection, provided that the Employer shall bear all costs and expenses incurred in connection with such attendance including, but not limited to, all traveling and board and lodging expenses.

23.3   Whenever the Contractor is ready to carry out any such test and/or inspection, the Contractor shall give a reasonable advance notice of such test and/or inspection and of the place and time thereof to the Project Manager.  The Contractor shall obtain from any relevant third Party or manufacturer any necessary permission or consent to enable the Employer and the Project Manager or their designated representatives to attend the test and/or inspection.

23.4   The Contractor shall provide the Project Manager with a certified report of the results of any such test and/or inspection.

If the Employer or Project Manager or their designated representatives fails to attend the test and/or inspection, or if it is agreed between the Parties that such persons shall not do so, then the Contractor may proceed with the test and/or inspection in the absence of such persons, and may provide the Project Manager with a certified report of the results thereof.

23.5   The Project Manager may require the Contractor to carry out any test and/or inspection not required by the Contract, provided that the Contractor’s reasonable costs and expenses incurred in the carrying out of such test and/or inspection shall be added to the Contract Price.  Further, if such test and/or inspection impede the progress of work on the Facilities and/or the Contractor’s performance of its other obligations under the Contract, due allowance will be made in respect of the Time for Completion and the other obligations so affected.

23.6   If any Plant or any part of the Facilities fails to pass any test and/or inspection, the Contractor shall either rectify or replace such Plant or part of the Facilities and shall repeat the test and/or inspection upon giving a notice under GCC Sub-Clause 23.3.

23.7   If any dispute or difference of opinion shall arise between the Parties in connection with or arising out of the test and/or inspection of the Plant or part of the Facilities that cannot be settled between the Parties within a reasonable period of time, it may be referred to an Dispute Board for determination in accordance with GCC Sub-Clause 46.3.

23.8   The Contractor shall afford the Employer and the Project Manager, at the Employer’s expense, access at any reasonable time to any place where the Plant are being manufactured or the Facilities are being installed, in order to inspect the progress and the manner of manufacture or installation, provided that the Project Manager shall give the Contractor a reasonable prior notice. Without prejudice to GCC Sub-Clause 9.7, as instructed by the Project Manager, the Contractor shall also afford other relevant entities (at the Employer’s or their respective entities’ expense, as appropriate) access to the Facilities, to inspect progress and the manner of the execution of the Facilities, carry out environmental and social audit, as appropriate, or carry out any other duty as stated in the Employer’s Requirements or as instructed by the Project Manager.

23.9   The Contractor agrees that neither the execution of a test and/or inspection of Plant or any part of the Facilities, nor the attendance by the Employer or the Project Manager, nor the issue of any test certificate pursuant to GCC Sub-Clause 23.4, shall release the Contractor from any other responsibilities under the Contract.

23.10 No part of the Facilities or foundations shall be covered up on the Site without the Contractor carrying out any test and/or inspection required under the Contract.  The Contractor shall give a reasonable notice to the Project Manager whenever any such parts of the Facilities or foundations are ready or about to be ready for test and/or inspection; such test and/or inspection and notice thereof shall be subject to the requirements of the Contract.

23.11 The Contractor shall uncover any part of the Facilities or foundations, or shall make openings in or through the same as the Project Manager may from time to time require at the Site, and shall reinstate and make good such part or parts.

If any parts of the Facilities or foundations have been covered up at the Site after compliance with the requirement of GCC Sub-Clause 23.10 and are found to be executed in accordance with the Contract, the expenses of uncovering, making openings in or through, reinstating, and making good the same shall be borne by the Employer, and the Time for Completion shall be reasonably adjusted to the extent that the Contractor has thereby been delayed or impeded in the performance of any of its obligations under the Contract.

24.  Completion of the Facilities

24.1   As soon as the Facilities or any part thereof has, in the opinion of the Contractor, been completed operationally and structurally and put in a tight and clean condition as specified in the Employer’s Requirements, excluding minor items not materially affecting the operation or safety of the Facilities, the Contractor shall so notify the Employer in writing.

24.2   Within seven (7) days after receipt of the notice from the Contractor under GCC Sub-Clause 24.1, the Employer shall supply the operating and maintenance personnel specified in the Appendix to the Contract Agreement titled Scope of Works and Supply by the Employer for Precommissioning of the Facilities or any part thereof.

Pursuant to the Appendix to the Contract Agreement titled Scope of Works and Supply by the Employer, the Employer shall also provide, within the said seven (7) day period, the raw materials, utilities, lubricants, chemicals, catalysts, facilities, services and other matters required for Precommissioning of the Facilities or any part thereof.

24.3   As soon as reasonably practicable after the operating and maintenance personnel have been supplied by the Employer and the raw materials, utilities, lubricants, chemicals, catalysts, facilities, services and other matters have been provided by the Employer in accordance with GCC Sub-Clause 24.2, the Contractor shall commence Precommissioning of the Facilities or the relevant part thereof in preparation for Commissioning, subject to GCC Sub-Clause 25.5.

24.4   As soon as all works in respect of Precommissioning are completed and, in the opinion of the Contractor, the Facilities or any part thereof is ready for Commissioning, the Contractor shall so notify the Project Manager in writing.

24.5   The Project Manager shall, within fourteen (14) days after receipt of the Contractor’s notice under GCC Sub-Clause 24.4, either issue a Completion Certificate in the form specified in the Employer’s Requirements (Forms and Procedures), stating that the Facilities or that part thereof have reached Completion as of the date of the Contractor’s notice under GCC Sub-Clause 24.4, or notify the Contractor in writing of any defects and/or deficiencies.

If the Project Manager notifies the Contractor of any defects and/or deficiencies, the Contractor shall then correct such defects and/or deficiencies, and shall repeat the procedure described in GCC Sub-Clause 24.4.

If the Project Manager is satisfied that the Facilities or that part thereof have reached Completion, the Project Manager shall, within seven (7) days after receipt of the Contractor’s repeated notice, issue a Completion Certificate stating that the Facilities or that part thereof have reached Completion as of the date of the Contractor’s repeated notice.

If the Project Manager is not so satisfied, then it shall notify the Contractor in writing of any defects and/or deficiencies within seven (7) days after receipt of the Contractor’s repeated notice, and the above procedure shall be repeated.

24.6   If the Project Manager fails to issue the Completion Certificate and fails to inform the Contractor of any defects and/or deficiencies within fourteen (14) days after receipt of the Contractor’s notice under GCC Sub-Clause 24.4 or within seven (7) days after receipt of the Contractor’s repeated notice under GCC Sub-Clause 24.5, or if the Employer makes use of the Facilities or part thereof, then the Facilities or that part thereof shall be deemed to have reached Completion as of the date of the Contractor’s notice or repeated notice, or as of the Employer’s use of the Facilities, as the case may be.

24.7   As soon as possible after Completion, the Contractor shall complete all outstanding minor items so that the Facilities are fully in accordance with the requirements of the Contract, failing which the Employer will undertake such completion and deduct the costs thereof from any monies owing to the Contractor.

24.8   Upon Completion, the Employer shall be responsible for the care and custody of the Facilities or the relevant part thereof, together with the risk of loss or damage thereto, and shall thereafter take over the Facilities or the relevant part thereof.

25.   Commissioning and Operational Acceptance

25.1   Commissioning

25.1.1 Commissioning of the Facilities or any part thereof shall be commenced by the Contractor immediately after issue of the Completion Certificate by the Project Manager, pursuant to GCC Sub-Clause 24.5, or immediately after the date of the deemed Completion, under GCC Sub-Clause 24.6.

25.1.2 The Employer shall supply the operating and maintenance personnel and all raw materials, utilities, lubricants, chemicals, catalysts, facilities, services and other matters required for Commissioning.

25.1.3 In accordance with the requirements of the Contract, the Contractor’s and Project Manager’s advisory personnel shall attend the Commissioning, including the Guarantee Test, and shall advise and assist the Employer.

25.2   Guarantee Test

25.2.1 Subject to GCC Sub-Clause 25.5, the Guarantee Test and repeats thereof shall be conducted by the Contractor during Commissioning of the Facilities or the relevant part thereof to ascertain whether the Facilities or the relevant part can attain the Functional Guarantees specified in the Appendix to the Contract Agreement titled Functional Guarantees.  The Employer shall promptly provide the Contractor with such information as the Contractor may reasonably require in relation to the conduct and results of the Guarantee Test and any repeats thereof.

25.2.2 If for reasons not attributable to the Contractor, the Guarantee Test of the Facilities or the relevant part thereof cannot be successfully completed within the period from the date of Completion specified in the PCC or any other period agreed upon by the Employer and the Contractor, the Contractor shall be deemed to have fulfilled its obligations with respect to the Functional Guarantees, and GCC Sub-Clauses 28.2 and 28.3 shall not apply.

25.3   Operational Acceptance

25.3.1 Subject to GCC Sub-Clause 25.4 below, Operational Acceptance shall occur in respect of the Facilities or any part thereof when

(a)     the Guarantee Test has been successfully completed and the Functional Guarantees are met; or

(b)     the Guarantee Test has not been successfully completed or has not been carried out for reasons not attributable to the Contractor within the period from the date of Completion specified in the PCC pursuant to GCC Sub-Clause 25.2.2 above or any other period agreed upon by the Employer and the Contractor; or

(c)     the Contractor has paid the liquidated damages specified in GCC Sub-Clause 28.3 hereof; and

(d)     any minor items mentioned in GCC Sub-Clause 24.7 hereof relevant to the Facilities or that part thereof have been completed.

25.3.2 At any time after any of the events set out in GCC Sub-Clause 25.3.1 have occurred, the Contractor may give a notice to the Project Manager requesting the issue of an Operational Acceptance Certificate in the form provided in the Employer’s Requirements (Forms and Procedures) in respect of the Facilities or the part thereof specified in such notice as of the date of such notice.

25.3.3 The Project Manager shall, after consultation with the Employer, and within seven (7) days after receipt of the Contractor’s notice, issue an Operational Acceptance Certificate.

25.3.4 If within seven (7) days after receipt of the Contractor’s notice, the Project Manager fails to issue the Operational Acceptance Certificate or fails to inform the Contractor in writing of the justifiable reasons why the Project Manager has not issued the Operational Acceptance Certificate, the Facilities or the relevant part thereof shall be deemed to have been accepted as of the date of the Contractor’s said notice.

25.4   Partial Acceptance

25.4.1 If the Contract specifies that Completion and Commissioning shall be carried out in respect of parts of the Facilities, the provisions relating to Completion and Commissioning including the Guarantee Test shall apply to each such part of the Facilities individually, and the Operational Acceptance Certificate shall be issued accordingly for each such part of the Facilities.

25.4.2 If a part of the Facilities comprises facilities such as buildings, for which no Commissioning or Guarantee Test is required, then the Project Manager shall issue the Operational Acceptance Certificate for such facility when it attains Completion, provided that the Contractor shall thereafter complete any outstanding minor items that are listed in the Operational Acceptance Certificate.

25.5 Delayed Precommissioning and/or Guarantee Test

25.5.1 In the event that the Contractor is unable to proceed with the Precommissioning of the Facilities pursuant to Sub-Clause 24.3, or with the Guarantee Test pursuant to Sub-Clause 25.2, for reasons attributable to the Employer either on account of non availability of other facilities under the responsibilities of other contractor(s), or for reasons beyond the Contractor’s control, the provisions leading to “deemed” completion of activities such as Completion, pursuant to GCC Sub-Clause 24.6, and Operational Acceptance, pursuant to GCC Sub-Clause 25.3.4, and Contractor’s obligations regarding Defect Liability Period, pursuant to GCC Sub-Clause 27.2, Functional Guarantee, pursuant to GCC Clause 28, and Care of Facilities, pursuant to GCC Clause 32, and GCC Clause 41.1, Suspension, shall not apply.  In this case, the following provisions shall apply.

25.5.2 When the Contractor is notified by the Project Manager that he will be unable to proceed with the activities and obligations pursuant to above Sub-Clause 25.5.1, the Contractor shall be entitled to the following:

(a)     the Time of Completion shall be extended for the period of suspension without imposition of liquidated damages pursuant to GCC Sub-Clause 26.2;

(b)     payments due to the Contractor in accordance with the provision specified in the  Appendix to the Contract Agreement titled Terms and Procedures of Payment, which would not have been payable in normal circumstances due to non-completion of the subject activities, shall be released to the Contractor against submission of a security in the form of a bank guarantee of equivalent amount acceptable to the Employer, and which shall become null and void when the Contractor will have complied with its obligations regarding those payments, subject to the provision of Sub-Clause 25.5.3 below;

(c)     the expenses towards the above security and extension of other securities under the contract, of which validity needs to be extended, shall be reimbursed to the Contractor by the Employer;

(d)     the additional charges towards the care of the Facilities pursuant to GCC Sub-Clause 32.1 shall be reimbursed to the Contractor by the Employer for the period between the notification mentioned above and the notification mentioned in Sub-Clause 25.5.4 below.  The provision of GCC Sub-Clause 33.2 shall apply to the Facilities during the same period.

25.5.3 In the event that the period of suspension under above Sub-Clause 25.5.1 actually exceeds one hundred eighty (180) days, the Employer and Contractor shall mutually agree to any additional compensation payable to the Contractor.

25.5.4 When the Contractor is notified by the Project Manager that the Plant is ready for Precommissioning, the Contractor shall proceed without delay in performing Precommissioning in accordance with Clause 24.

  1. Guarantees and Liabilities

26.  Completion Time Guarantee

26.1   The Contractor guarantees that it shall attain Completion of the Facilities (or a part for which a separate time for completion is specified) within the Time for Completion specified in the PCC pursuant to GCC Sub-Clause 8.2, or within such extended time to which the Contractor shall be entitled under GCC Clause 40  hereof.

26.2   If the Contractor fails to attain Completion of the Facilities or any part thereof within the Time for Completion or any extension thereof under GCC Clause 40, the Contractor shall pay to the Employer liquidated damages in the amount specified in the PCC as a percentage rate of the Contract Price or the relevant part thereof.  The aggregate amount of such liquidated damages shall in no event exceed the amount specified as “Maximum” in the PCC as a percentage rate of the Contract Price.  Once the “Maximum” is reached, the Employer may consider termination of the Contract, pursuant to GCC Sub-Clause 42.2.2.

Such payment shall completely satisfy the Contractor’s obligation to attain Completion of the Facilities or the relevant part thereof within the Time for Completion or any extension thereof under GCC Clause 40.  The Contractor shall have no further liability whatsoever to the Employer in respect thereof.

However, the payment of liquidated damages shall not in any way relieve the Contractor from any of its obligations to complete the Facilities or from any other obligations and liabilities of the Contractor under the Contract.

Save for liquidated damages payable under this GCC Sub-Clause 26.2, the failure by the Contractor to attain any milestone or other act, matter or thing by any date specified in the Appendix to the Contract Agreement titled Time Schedule, and/or other program of work prepared pursuant to GCC Sub-Clause 18.2 shall not render the Contractor liable for any loss or damage thereby suffered by the Employer.

26.3   If the Contractor attains Completion of the Facilities or any part thereof before the Time for Completion or any extension thereof under GCC Clause 40, the Employer shall pay to the Contractor a bonus in the amount specified in the PCC.  The aggregate amount of such bonus shall in no event exceed the amount specified as “Maximum” in the PCC.

27.  Defect Liability

27.1   The Contractor warrants that the Facilities or any part thereof shall be free from defects in the design, engineering, materials and workmanship of the Plant supplied and of the work executed.

27.2   The Defect Liability Period shall be five hundred and forty (540) days from the date of Completion of the Facilities (or any part thereof) or one year from the date of Operational Acceptance of the Facilities (or any part thereof), whichever first occurs, unless specified otherwise in the PCC pursuant to GCC Sub-Clause 27.10.

If during the Defect Liability Period any defect should be found in the design, engineering, materials and workmanship of the Plant supplied or of the work executed by the Contractor, the Contractor shall promptly, in consultation and agreement with the Employer regarding appropriate remedying of the defects, and at its cost, repair, replace or otherwise make good as the Contractor shall determine at its discretion, such defect as well as any damage to the Facilities caused by such defect.  The Contractor shall not be responsible for the repair, replacement or making good of any defect or of any damage to the Facilities arising out of or resulting from any of the following causes:

(a)     improper operation or maintenance of the Facilities by the Employer;

(b)     operation of the Facilities outside specifications provided in the Contract; or

(c)     normal wear and tear.

27.3   The Contractor’s obligations under this GCC Clause 27 shall not apply to:

(a)     any materials that are supplied by the Employer under GCC Sub-Clause 21.2, are normally consumed in operation, or have a normal life shorter than the Defect Liability Period stated herein;

(b)     any designs, specifications or other data designed, supplied or specified by or on behalf of the Employer or any matters for which the Contractor has disclaimed responsibility herein; or

(c)     any other materials supplied or any other work executed by or on behalf of the Employer, except for the work executed by the Employer under GCC Sub-Clause 27.7.

27.4   The Employer shall give the Contractor a notice stating the nature of any such defect together with all available evidence thereof, promptly following the discovery thereof.  The Employer shall afford all reasonable opportunity for the Contractor to inspect any such defect.

27.5   The Employer shall afford the Contractor all necessary access to the Facilities and the Site to enable the Contractor to perform its obligations under this GCC Clause 27.

The Contractor may, with the consent of the Employer, remove from the Site any Plant or any part of the Facilities that are defective if the nature of the defect, and/or any damage to the Facilities caused by the defect, is such that repairs cannot be expeditiously carried out at the Site.

27.6   If the repair, replacement or making good is of such a character that it may affect the efficiency of the Facilities or any part thereof, the Employer may give to the Contractor a notice requiring that tests of the defective part of the Facilities shall be made by the Contractor immediately upon completion of such remedial work, whereupon the Contractor shall carry out such tests.

If such part fails the tests, the Contractor shall carry out further repair, replacement or making good, as the case may be, until that part of the Facilities passes such tests.  The tests shall be agreed upon by the Employer and the Contractor.

27.7   If the Contractor fails to commence the work necessary to remedy such defect or any damage to the Facilities caused by such defect within a reasonable time (which shall in no event be considered to be less than fifteen (15) days), the Employer may, following notice to the Contractor, proceed to do such work, and the reasonable costs incurred by the Employer in connection therewith shall be paid to the Employer by the Contractor or may be deducted by the Employer from any monies due the Contractor or claimed under the Performance Security.

27.8   If the Facilities or any part thereof cannot be used by reason of such defect and/or making good of such defect, the Defect Liability Period of the Facilities or such part, as the case may be, shall be extended by a period equal to the period during which the Facilities or such part cannot be used by the Employer because of any of the aforesaid reasons.

27.9   Except as provided in GCC Clauses 27 and 33, the Contractor shall be under no liability whatsoever and howsoever arising, and whether under the Contract or at law, in respect of defects in the Facilities or any part thereof, the Plant, design or engineering or work executed that appear after Completion of the Facilities or any part thereof, except where such defects are the result of the gross negligence, fraud, or criminal or willful action of the Contractor.

27.10 In addition, any such component of the Facilities, and during the period of time as may be specified in the PCC, shall be subject to an extended defect liability period.  Such obligation of the Contractor shall be in addition to the defect liability period specified under GCC Sub-Clause 27.2.

28.  Functional Guarantees

28.1   The Contractor guarantees that during the Guarantee Test, the Facilities and all parts thereof shall attain the Functional Guarantees specified in the Appendix to the Contract Agreement titled Functional Guarantees, subject to and upon the conditions therein specified.

28.2   If, for reasons attributable to the Contractor, the minimum level of the Functional Guarantees specified in the Appendix to the Contract Agreement titled Functional Guarantees, are not met either in whole or in part, the Contractor shall at its cost and expense make such changes, modifications and/or additions to the Plant or any part thereof as may be necessary to meet at least the minimum level of such Guarantees.  The Contractor shall notify the Employer upon completion of the necessary changes, modifications and/or additions, and shall request the Employer to repeat the Guarantee Test until the minimum level of the Guarantees has been met.  If the Contractor eventually fails to meet the minimum level of Functional Guarantees, the Employer may consider termination of the Contract, pursuant to GCC Sub-Clause 42.2.2.

28.3   If, for reasons attributable to the Contractor, the Functional Guarantees specified in the Appendix to the Contract Agreement titled Functional Guarantees, are not attained either in whole or in part, but the minimum level of the Functional Guarantees specified in the said Appendix to the Contract Agreement is met, the Contractor shall, at the Contractor’s option, either

(a)     make such changes, modifications and/or additions to the Facilities or any part thereof that are necessary to attain the Functional Guarantees at its cost and expense, and shall request the Employer to repeat the Guarantee Test or

(b)     pay liquidated damages to the Employer in respect of the failure to meet the Functional Guarantees in accordance with the provisions in the  Appendix to the Contract Agreement titled Functional Guarantees.

28.4   The payment of liquidated damages under GCC Sub-Clause 28.3, up to the limitation of liability specified in the Appendix to the Contract Agreement titled Functional Guarantees, shall completely satisfy the Contractor’s guarantees under GCC Sub-Clause 28.3, and the Contractor shall have no further liability whatsoever to the Employer in respect thereof.  Upon the payment of such liquidated damages by the Contractor, the Project Manager shall issue the Operational Acceptance Certificate for the Facilities or any part thereof in respect of which the liquidated damages have been so paid.

29.  Patent Indemnity

29.1   The Contractor shall, subject to the Employer’s compliance with GCC Sub-Clause 29.2, indemnify and hold harmless the Employer and its employees and officers from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of whatsoever nature, including attorney’s fees and expenses, which the Employer may suffer as a result of any infringement or alleged infringement of any patent, utility model, registered design, trademark, copyright or other intellectual property right registered or otherwise existing at the date of the Contract by reason of:  (a) the installation of the Facilities by the Contractor or the use of the Facilities in the country where the Site is located; and (b) the sale of the products produced by the Facilities in any country.

Such indemnity shall not cover any use of the Facilities or any part thereof other than for the purpose indicated by or to be reasonably inferred from the Contract, any infringement resulting from the use of the Facilities or any part thereof, or any products produced thereby in association or combination with any other equipment, Plant or materials not supplied by the Contractor, pursuant to the Contract Agreement.

29.2   If any proceedings are brought or any claim is made against the Employer arising out of the matters referred to in GCC Sub-Clause 29.1, the Employer shall promptly give the Contractor a notice thereof, and the Contractor may at its own expense and in the Employer’s name conduct such proceedings or claim and any negotiations for the settlement of any such proceedings or claim.

If the Contractor fails to notify the Employer within twenty-eight (28) days after receipt of such notice that it intends to conduct any such proceedings or claim, then the Employer shall be free to conduct the same on its own behalf.  Unless the Contractor has so failed to notify the Employer within the twenty-eight (28) day period, the Employer shall make no admission that may be prejudicial to the defense of any such proceedings or claim.

The Employer shall, at the Contractor’s request, afford all available assistance to the Contractor in conducting such proceedings or claim, and shall be reimbursed by the Contractor for all reasonable expenses incurred in so doing.

29.3   The Employer shall indemnify and hold harmless the Contractor and its employees, officers and Subcontractors from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of whatsoever nature, including attorney’s fees and expenses, which the Contractor may suffer as a result of any infringement or alleged infringement of any patent, utility model, registered design, trademark, copyright or other intellectual property right registered or otherwise existing at the date of the Contract arising out of or in connection with any design, data, drawing, specification, or other documents or materials provided or designed by or on behalf of the Employer.

30.  Limitation of Liability

30.1   Except in cases of criminal negligence or willful misconduct,

(a)     neither Party shall be liable to the other Party, whether in contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, which may be suffered by the other Party in connection with the Contract, other than specifically provided as any obligation of the Party in the Contract, and

(b)     the aggregate liability of the Contractor to the Employer, whether under the Contract, in tort or otherwise, shall not exceed the amount resulting from the application of the multiplier specified in the PCC, to the Contract Price or, if a multiplier is not so specified, the total Contract Price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment, or to any obligation of the Contractor to indemnify the Employer with respect to patent infringement.

  1. Risk Distribution

31.  Transfer of Ownership

31.1   Ownership of the Plant (including spare parts) to be imported into the country where the Site is located shall be transferred to the Employer upon loading on to the mode of transport to be used to convey the Plant from the country of origin to that country.

31.2   Ownership of the Plant (including spare parts) procured in the country where the Site is located shall be transferred to the Employer when the Plant are brought on to the Site.

31.3   Ownership of the Contractor’s Equipment used by the Contractor and its Subcontractors in connection with the Contract shall remain with the Contractor or its Subcontractors.

31.4   Ownership of any Plant in excess of the requirements for the Facilities shall revert to the Contractor upon Completion of the Facilities or at such earlier time when the Employer and the Contractor agree that the Plant in question are no longer required for the Facilities.

31.5   Notwithstanding the transfer of ownership of the Plant, the responsibility for care and custody thereof together with the risk of loss or damage thereto shall remain with the Contractor pursuant to GCC Clause 32 (Care of Facilities) hereof until Completion of the Facilities or the part thereof in which such Plant are incorporated.

32.  Care of Facilities

32.1   The Contractor shall be responsible for the care and custody of the Facilities or any part thereof until the date of Completion of the Facilities pursuant to GCC Clause 24 or, where the Contract provides for Completion of the Facilities in parts, until the date of Completion of the relevant part, and shall make good at its own cost any loss or damage that may occur to the Facilities or the relevant part thereof from any cause whatsoever during such period.  The Contractor shall also be responsible for any loss or damage to the Facilities caused by the Contractor or its Subcontractors in the course of any work carried out, pursuant to GCC Clause 27.  Notwithstanding the foregoing, the Contractor shall not be liable for any loss or damage to the Facilities or that part thereof caused by reason of any of the matters specified or referred to in paragraphs (a), (b) and (c) of GCC Sub-Clauses 32.2 and 38.1.

32.2   If any loss or damage occurs to the Facilities or any part thereof or to the Contractor’s temporary facilities by reason of

(a)     insofar as they relate to the country where the Site is located, nuclear reaction, nuclear radiation, radioactive contamination, pressure wave caused by aircraft or other aerial objects, or any other occurrences that an experienced contractor could not reasonably foresee, or if reasonably foreseeable could not reasonably make provision for or insure against, insofar as such risks are not normally insurable on the insurance market and are mentioned in the general exclusions of the policy of insurance, including War Risks and Political Risks, taken out under GCC Clause 34 hereof; or

(b)     any use or occupation by the Employer or any third Party other than a Subcontractor, authorized by the Employer of any part of the Facilities; or

(c)     any use of or reliance upon any design, data or specification provided or designated by or on behalf of the Employer, or any such matter for which the Contractor has disclaimed responsibility herein,

the Employer shall pay to the Contractor all sums payable in respect of the Facilities executed, notwithstanding that the same be lost, destroyed or damaged, and will pay to the Contractor the replacement value of all temporary facilities and all parts thereof lost, destroyed or damaged.  If the Employer requests the Contractor in writing to make good any loss or damage to the Facilities thereby occasioned, the Contractor shall make good the same at the cost of the Employer in accordance with GCC Clause 39.  If the Employer does not request the Contractor in writing to make good any loss or damage to the Facilities thereby occasioned, the Employer shall either request a change in accordance with GCC Clause 39, excluding the performance of that part of the Facilities thereby lost, destroyed or damaged, or, where the loss or damage affects a substantial part of the Facilities, the Employer shall terminate the Contract pursuant to GCC Sub-Clause 42.1 hereof.

32.3   The Contractor shall be liable for any loss of or damage to any Contractor’s Equipment, or any other property of the Contractor used or intended to be used for purposes of the Facilities, except (i) as mentioned in GCC Sub-Clause 32.2 with respect to the Contractor’s temporary facilities, and (ii) where such loss or damage arises by reason of any of the matters specified in GCC Sub-Clauses 32.2 (b) and (c) and 38.1.

32.4   With respect to any loss or damage caused to the Facilities or any part thereof or to the Contractor’s Equipment by reason of any of the matters specified in GCC Sub-Clause 38.1, the provisions of GCC Sub-Clause 38.3 shall apply.

33.  Loss of or Damage to Property; Accident or Injury to Workers; Indemnifica­tion

33.1   Subject to GCC Sub-Clause 33.3, the Contractor shall indemnify and hold harmless the Employer and its employees and officers from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of whatsoever nature, including attorney’s fees and expenses, in respect of the death or injury of any person or loss of or damage to any property other than the Facilities whether accepted or not, arising in connection with the supply and installation of the Facilities and by reason of the negligence of the Contractor or its Subcontractors, or their employees, officers or agents, except any injury, death or property damage caused by the negligence of the Employer, its contractors, employees, officers or agents.

33.2   If any proceedings are brought or any claim is made against the Employer that might subject the Contractor to liability under GCC Sub-Clause 33.1, the Employer shall promptly give the Contractor a notice thereof and the Contractor may at its own expense and in the Employer’s name conduct such proceedings or claim and any negotiations for the settlement of any such proceedings or claim.

If the Contractor fails to notify the Employer within twenty-eight (28) days after receipt of such notice that it intends to conduct any such proceedings or claim, then the Employer shall be free to conduct the same on its own behalf.  Unless the Contractor has so failed to notify the Employer within the twenty-eight (28) day period, the Employer shall make no admission that may be prejudicial to the defense of any such proceedings or claim.

The Employer shall, at the Contractor’s request, afford all available assistance to the Contractor in conducting such proceedings or claim, and shall be reimbursed by the Contractor for all reasonable expenses incurred in so doing.

33.3   The Employer shall indemnify and hold harmless the Contractor and its employees, officers and Subcontractors from any liability for loss of or damage to property of the Employer, other than the Facilities not yet taken over, that is caused by fire, explosion or any other perils, in excess of the amount recoverable from insurances procured under GCC Clause 34, provided that such fire, explosion or other perils were not caused by any act or failure of the Contractor.

33.4   The Party entitled to the benefit of an indemnity under this GCC Clause 33 shall take all reasonable measures to mitigate any loss or damage which has occurred.  If the Party fails to take such measures, the other Party’s liabilities shall be correspondingly reduced.

34.  Insurance

34.1   To the extent specified in the Appendix to the Contract Agreement titled Insurance Requirements, the Contractor shall at its expense take out and maintain in effect, or cause to be taken out and maintained in effect, during the performance of the Contract, the insurances set forth below in the sums and with the deductibles and other conditions specified in the said Appendix.  The identity of the insurers and the form of the policies shall be subject to the approval of the Employer, who should not unreasonably withhold such approval.

(a)     Cargo Insurance During Transport

Covering loss or damage occurring while in transit from the Contractor’s or Subcontractor’s works or stores until arrival at the Site, to the Plant (including spare parts therefor) and to the Contractor’s Equipment.

(b)     Installation All Risks Insurance

Covering physical loss or damage to the Facilities at the Site, occurring prior to Completion of the Facilities, with an extended maintenance coverage for the Contractor’s liability in respect of any loss or damage occurring during the Defect Liability Period while the Contractor is on the Site for the purpose of performing its obligations during the Defect Liability Period.

(c)     Third Party Liability Insurance

Covering bodily injury or death suffered by third Parties including the Employer’s personnel, and loss of or damage to property occurring in connection with the supply and installation of the Facilities.

(d)     Automobile Liability Insurance

Covering use of all vehicles used by the Contractor or its Subcontractors, whether or not owned by them, in connection with the execution of the Contract.

(e)     Workers’ Compensation

In accordance with the statutory requirements applicable in any country where the Contract or any part thereof is executed.

(f)     Employer’s Liability

In accordance with the statutory requirements applicable in any country where the Contract or any part thereof is executed.

(g)     Other Insurances

Such other insurances as may be specifically agreed upon by the Parties hereto as listed in the Appendix to the Contract Agreement titled Insurance Requirements.

34.2   The Employer shall be named as co-insured under all insurance policies taken out by the Contractor pursuant to GCC Sub-Clause 34.1, except for the Third Party Liability, Workers’ Compensation and Employer’s Liability Insurances, and the Contractor’s Subcontractors shall be named as co-insureds under all insurance policies taken out by the Contractor pursuant to GCC Sub-Clause 34.1 except for the Cargo Insurance During Transport, Workers’ Compensation and Employer’s Liability Insurances.  All insurer’s rights of subrogation against such co-insureds for losses or claims arising out of the performance of the Contract shall be waived under such policies.

34.3   The Contractor shall, in accordance with the provisions of the Appendix to the Contract Agreement titled Insurance Requirements, deliver to the Employer certificates of insurance or copies of the insurance policies as evidence that the required policies are in full force and effect.  The certificates shall provide that no less than twenty-one (21) days’ notice shall be given to the Employer by insurers prior to cancellation or material modification of a policy.

34.4   The Contractor shall ensure that, where applicable, its Subcontractor(s) shall take out and maintain in effect adequate insurance policies for their personnel and vehicles and for work executed by them under the Contract, unless such Subcontractors are covered by the policies taken out by the Contractor.

34.5   The Employer shall at its expense take out and maintain in effect during the performance of the Contract those insurances specified in the  Appendix to the Contract Agreement titled Insurance Requirements, in the sums and with the deductibles and other conditions specified in the said Appendix.  The Contractor and the Contractor’s Subcontractors shall be named as co-insureds under all such policies.  All insurers’ rights of subrogation against such co-insureds for losses or claims arising out of the performance of the Contract shall be waived under such policies.  The Employer shall deliver to the Contractor satisfactory evidence that the required insurances are in full force and effect.  The policies shall provide that not less than twenty-one (21) days’ notice shall be given to the Contractor by all insurers prior to any cancellation or material modification of the policies.  If so requested by the Contractor, the Employer shall provide copies of the policies taken out by the Employer under this GCC Sub-Clause 34.5.

34.6   If the Contractor fails to take out and/or maintain in effect the insurances referred to in GCC Sub-Clause 34.1, the Employer may take out and maintain in effect any such insurances and may from time to time deduct from any amount due the Contractor under the Contract any premium that the Employer shall have paid to the insurer, or may otherwise recover such amount as a debt due from the Contractor.  If the Employer fails to take out and/or maintain in effect the insurances referred to in GCC 34.5, the Contractor may take out and maintain in effect any such insurances and may from time to time deduct from any amount due the Employer under the Contract any premium that the Contractor shall have paid to the insurer, or may otherwise recover such amount as a debt due from the Employer.  If the Contractor fails to or is unable to take out and maintain in effect any such insurances, the Contractor shall nevertheless have no liability or responsibility towards the Employer, and the Contractor shall have full recourse against the Employer for any and all liabilities of the Employer herein.

34.7   Unless otherwise provided in the Contract, the Contractor shall prepare and conduct all and any claims made under the policies effected by it pursuant to this GCC Clause 34, and all monies payable by any insurers shall be paid to the Contractor.  The Employer shall give to the Contractor all such reasonable assistance as may be required by the Contractor.  With respect to insurance claims in which the Employer’s interest is involved, the Contractor shall not give any release or make any compromise with the insurer without the prior written consent of the Employer.  With respect to insurance claims in which the Contractor’s interest is involved, the Employer shall not give any release or make any compromise with the insurer without the prior written consent of the Contractor.

35.  Unforeseen Conditions

35.1   If, during the execution of the Contract, the Contractor shall encounter on the Site any physical conditions other than climatic conditions, or artificial obstructions that could not have been reasonably foreseen prior to the date of the Contract Agreement by an experienced contractor on the basis of reasonable examination of the data relating to the Facilities including any data as to boring tests, provided by the Employer, and on the basis of information that it could have obtained from a visual inspection of the Site if access thereto was available, or other data readily available to it relating to the Facilities, and if the Contractor determines that it will in consequence of such conditions or obstructions incur additional cost and expense or require additional time to perform its obligations under the Contract that would not have been required if such physical conditions or artificial obstructions had not been encountered, the Contractor shall promptly, and before performing additional work or using additional Plant or Contractor’s Equipment, notify the Project Manager in writing of

(a)     the physical conditions or artificial obstructions on the Site that could not have been reasonably foreseen;

(b)     the additional work and/or Plant and/or Contractor’s Equipment required, including the steps which the Contractor will or proposes to take to overcome such conditions or obstructions;

(c)     the extent of the anticipated delay; and

(d)     the additional cost and expense that the Contractor is likely to incur.

On receiving any notice from the Contractor under this GCC Sub-Clause 35.1, the Project Manager shall promptly consult with the Employer and Contractor and decide upon the actions to be taken to overcome the physical conditions or artificial obstructions encountered.  Following such consultations, the Project Manager shall instruct the Contractor, with a copy to the Employer, of the actions to be taken.

35.2   Any reasonable additional cost and expense incurred by the Contractor in following the instructions from the Project Manager to overcome such physical conditions or artificial obstructions referred to in GCC Sub-Clause 35.1 shall be paid by the Employer to the Contractor as an addition to the Contract Price.

If the Contractor is delayed or impeded in the performance of the Contract because of any such physical conditions or artificial obstructions referred to in GCC Sub-Clause 35.1, the Time for Completion shall be extended in accordance with GCC Clause 40.

36.  Change in Laws and Regulations

36.1   If, after the date twenty-eight (28) days prior to the date of Bid submission, in the country where the Site is located, any law, regulation, ordinance, order or by-law having the force of law is enacted, promulgated, abrogated or changed which shall be deemed to include any change in interpretation or application by the competent authorities, that subsequently affects the costs and expenses of the Contractor and/or the Time for Completion, the Contract Price shall be correspondingly increased or decreased, and/or the Time for Completion shall be reasonably adjusted to the extent that the Contractor has thereby been affected in the performance of any of its obligations under the Contract.  Notwithstanding the foregoing, such additional or reduced costs shall not be separately paid or credited if the same has already been accounted for in the price adjustment provisions where applicable, in accordance with the PCC pursuant to GCC Sub-Clause 11.2.

37.  Force Majeure

37.1   “Force Majeure” shall mean any event beyond the reasonable control of the Employer or of the Contractor, as the case may be, and which is unavoidable notwithstanding the reasonable care of the Party affected, and shall include, without limitation, the following:

(a)     war, hostilities or warlike operations whether a state of war be declared or not, invasion, act of foreign enemy and civil war

(b)     rebellion, revolution, insurrection, mutiny, usurpation of civil or military government, conspiracy, riot, civil commotion and terrorist acts

(c)     confiscation, nationalization, mobilization, commandeering or requisition by or under the order of any government or de jure or de facto authority or ruler or any other act or failure to act of any local state or national government authority

(d)     strike, sabotage, lockout, embargo, import restriction, port congestion, lack of usual means of public transportation and communication, industrial dispute, shipwreck, shortage or restriction of power supply, epidemics, quarantine and plague

(e)     earthquake, landslide, volcanic activity, fire, flood or inundation, tidal wave, typhoon or cyclone, hurricane, storm, lightning, or other inclement weather condition, nuclear and pressure waves or other natural or physical disaster

(f)     shortage of labor, materials or utilities where caused by circumstances that are themselves Force Majeure.

37.2   If either Party is prevented, hindered or delayed from or in performing any of its obligations under the Contract by an event of Force Majeure, then it shall notify the other in writing of the occurrence of such event and the circumstances thereof within fourteen (14) days after the occurrence of such event.

37.3   The Party who has given such notice shall be excused from the performance or punctual performance of its obligations under the Contract for so long as the relevant event of Force Majeure continues and to the extent that such Party’s performance is prevented, hindered or delayed.  The Time for Completion shall be extended in accordance with GCC Clause 40.

37.4   The Party or Parties affected by the event of Force Majeure shall use reasonable efforts to mitigate the effect thereof upon its or their performance of the Contract and to fulfill its or their obligations under the Contract, but without prejudice to either Party’s right to terminate the Contract under GCC Sub-Clauses 37.6 and 38.5.

37.5

          No delay or nonperformance by either Party hereto caused by the occurrence of any event of Force Majeure shall

(a)     constitute a default or breach of the Contract, or

(b)     give rise to any claim for damages or additional cost or expense occasioned thereby, subject to GCC Sub-Clauses 32.2, 38.3 and 38.4

if and to the extent that such delay or nonperformance is caused by the occurrence of an event of Force Majeure.

37.6   If the performance of the Contract is substantially prevented, hindered or delayed for a single period of more than sixty (60) days or an aggregate period of more than one hundred and twenty (120) days on account of one or more events of Force Majeure during the currency of the Contract, the Parties will attempt to develop a mutually satisfactory solution, failing which either Party may terminate the Contract by giving a notice to the other, but without prejudice to either Party’s right to terminate the Contract under GCC Sub-Clause 38.5.

37.7   In the event of termination pursuant to GCC Sub-Clause 37.6, the rights and obligations of the Employer and the Contractor shall be as specified in GCC Sub-Clauses 42.1.2 and 42.1.3.

37.8   Notwithstanding GCC Sub-Clause 37.5, Force Majeure shall not apply to any obligation of the Employer to make payments to the Contractor herein.

38.  War Risks

38.1   “War Risks” shall mean any event specified in paragraphs (a) and (b) of GCC Sub-Clause 37.1 and any explosion or impact of any mine, bomb, shell, grenade or other projectile, missile, munitions or explosive of war, occurring or existing in or near the country (or countries) where the Site is located.

38.2   Notwithstanding anything contained in the Contract, the Contractor shall have no liability whatsoever for or with respect to

(a)     destruction of or damage to Facilities, Plant, or any part thereof;

(b)     destruction of or damage to property of the Employer or any third Party; or

(c)     injury or loss of life

if such destruction, damage, injury or loss of life is caused by any War Risks, and the Employer shall indemnify and hold the Contractor harmless from and against any and all claims, liabilities, actions, lawsuits, damages, costs, charges or expenses arising in consequence of or in connection with the same.

38.3   If the Facilities or any Plant or Contractor’s Equipment or any other property of the Contractor used or intended to be used for the purposes of the Facilities shall sustain destruction or damage by reason of any War Risks, the Employer shall pay the Contractor for

(a)     any part of the Facilities or the Plant so destroyed or damaged to the extent not already paid for by the Employer

          and so far as may be required by the Employer, and as may be necessary for completion of the Facilities

(b)     replacing or making good any Contractor’s Equipment or other property of the Contractor so destroyed or damaged

(c)     replacing or making good any such destruction or damage to the Facilities or the Plant or any part thereof .

If the Employer does not require the Contractor to replace or make good any such destruction or damage to the Facilities, the Employer shall either request a change in accordance with GCC Clause 39, excluding the performance of that part of the Facilities thereby destroyed or damaged or, where the loss, destruction or damage affects a substantial part of the Facilities, shall terminate the Contract, pursuant to GCC Sub-Clause 42.1.

If the Employer requires the Contractor to replace or make good on any such destruction or damage to the Facilities, the Time for Completion shall be extended in accordance with GCC 40.

38.4   Notwithstanding anything contained in the Contract, the Employer shall pay the Contractor for any increased costs or incidentals to the execution of the Contract that are in any way attributable to, consequent on, resulting from, or in any way connected with any War Risks, provided that the Contractor shall as soon as practicable notify the Employer in writing of any such increased cost.

38.5   If during the performance of the Contract any War Risks shall occur that financially or otherwise materially affect the execution of the Contract by the Contractor, the Contractor shall use its reasonable efforts to execute the Contract with due and proper consideration given to the safety of its and its Subcontractors’ personnel engaged in the work on the Facilities, provided, however, that if the execution of the work on the Facilities becomes impossible or is substantially prevented for a single period of more than sixty (60) days or an aggregate period of more than one hundred and twenty (120) days on account of any War Risks, the Parties will attempt to develop a mutually satisfactory solution, failing which either Party may terminate the Contract by giving a notice to the other.

38.6   In the event of termination pursuant to GCC Sub-Clauses 38.3 or 38.5, the rights and obligations of the Employer and the Contractor shall be specified in GCC Sub-Clauses 42.1.2 and 42.1.3.

  1. Change in Contract Elements

39.  Change in the Facilities

39.1   Introducing a Change

39.1.1 Subject to GCC Sub-Clauses 39.2.5 and 39.2.7, the Employer shall have the right to propose, and subsequently require, that the Project Manager order the Contractor from time to time during the performance of the Contract to make any change, modification, addition or deletion to, in or from the Facilities hereinafter called “Change”, provided that such Change falls within the general scope of the Facilities and does not constitute unrelated work and that it is technically practicable, taking into account both the state of advancement of the Facilities and the technical compatibility of the Change envisaged with the nature of the Facilities as specified in the Contract.

39.1.2 Value Engineering: The Contractor may prepare, at its own cost, a value engineering proposal at any time during the performance of the contract. The value engineering proposal shall, at a minimum, include the following;

  1. the proposed change(s), and a description of the difference to the existing contract requirements;
  2. a full cost/benefit analysis of the proposed change(s) including a description and estimate of costs (including life cycle costs) the Employer may incur in implementing the value engineering proposal; and
  3. a description of any effect(s) of the change on performance/functionality.

The Employer may accept the value engineering proposal if the proposal demonstrates benefits that:

  1. accelerates the delivery period; or
  2. reduces the Contract Price or the life cycle costs to the Employer; or
  3. improves the quality, efficiency, safety or sustainability of the Facilities; or
  4. yields any other benefits to the Employer,

without compromising the necessary functions of the Facilities.

If the value engineering proposal is approved by the Employer and results in:

  1. a reduction of the Contract Price; the amount to be paid to the Contractor shall be the percentage specified in the PCC of the reduction in the Contract Price; or
  2. an increase in the Contract Price; but results in a reduction in life cycle costs due to any benefit described in (a) to (d) above, the amount to be paid to the Contractor shall be the full increase in the Contract Price.

39.1.3 Notwithstanding GCC Sub-Clauses 39.1.1 and 39.1.2, no change made necessary because of any default of the Contractor in the performance of its obligations under the Contract shall be deemed to be a Change, and such change shall not result in any adjustment of the Contract Price or the Time for Completion.

39.1.4 The procedure on how to proceed with and execute Changes is specified in GCC Sub-Clauses 39.2 and 39.3, and further details and forms are provided in the Employer’s Requirements (Forms and Procedures).

39.2   Changes Originating from Employer

39.2.1 If the Employer proposes a Change pursuant to GCC Sub-Clause 39.1.1, it shall send to the Contractor a “Request for Change Proposal,” requiring the Contractor to prepare and furnish to the Project Manager as soon as reasonably practicable a “Change Proposal,” which shall include the following:

(a)       brief description of the Change

(b)       effect on the Time for Completion

(c)       estimated cost of the Change

(d)       effect on Functional Guarantees (if any)

(e)       effect on the Facilities

(f)       effect on any other provisions of the Contract: and

(g)      any additional documents as specified in the PCC.

39.2.2 Prior to preparing and submitting the “Change Proposal,” the Contractor shall submit to the Project Manager an “Estimate for Change Proposal,” which shall be an estimate of the cost of preparing and submitting the Change Proposal.

           Upon receipt of the Contractor’s Estimate for Change Proposal, the Employer shall do one of the following:

(a)       accept the Contractor’s estimate with instructions to the Contractor to proceed with the preparation of the Change Proposal

(b)       advise the Contractor of any part of its Estimate for Change Proposal that is unacceptable and request the Contractor to review its estimate

(c)       advise the Contractor that the Employer does not intend to proceed with the Change.

39.2.3 Upon receipt of the Employer’s instruction to proceed under GCC Sub-Clause 39.2.2 (a), the Contractor shall, with proper expedition, proceed with the preparation of the Change Proposal, in accordance with GCC Sub-Clause 39.2.1.

39.2.4 The pricing of any Change shall, as far as practicable, be calculated in accordance with the rates and prices included in the Contract.  If such rates and prices are inequitable, the Parties thereto shall agree on specific rates for the valuation of the Change.

39.2.5 If before or during the preparation of the Change Proposal it becomes apparent that the aggregate effect of compliance therewith and with all other Change Orders that have already become binding upon the Contractor under this GCC Clause 39 would be to increase or decrease the Contract Price as originally set forth in Article 2 (Contract Price) of the Contract Agreement by more than fifteen percent (15%), the Contractor may give a written notice of objection thereto prior to furnishing the Change Proposal as aforesaid.  If the Employer accepts the Contractor’s objection, the Employer shall withdraw the proposed Change and shall notify the Contractor in writing thereof.

The Contractor’s failure to so object shall neither affect its right to object to any subsequent requested Changes or Change Orders herein, nor affect its right to take into account, when making such subsequent objection, the percentage increase or decrease in the Contract Price that any Change not objected to by the Contractor represents.

39.2.6 Upon receipt of the Change Proposal, the Employer and the Contractor shall mutually agree upon all matters therein contained.  Within fourteen (14) days after such agreement, the Employer shall, if it intends to proceed with the Change, issue the Contractor with a Change Order.

If the Employer is unable to reach a decision within fourteen (14) days, it shall notify the Contractor with details of when the Contractor can expect a decision.

If the Employer decides not to proceed with the Change for whatever reason, it shall, within the said period of fourteen (14) days, notify the Contractor accordingly.  Under such circumstances, the Contractor shall be entitled to reimbursement of all costs reasonably incurred by it in the preparation of the Change Proposal, provided that these do not exceed the amount given by the Contractor in its Estimate for Change Proposal submitted in accordance with GCC Sub-Clause 39.2.2.

39.2.7 If the Employer and the Contractor cannot reach agreement on the price for the Change, an equitable adjustment to the Time for Completion, or any other matters identified in the Change Proposal, the Employer may nevertheless instruct the Contractor to proceed with the Change by issue of a “Pending Agreement Change Order.”

Upon receipt of a Pending Agreement Change Order, the Contractor shall immediately proceed with effecting the Changes covered by such Order.  The Parties shall thereafter attempt to reach agreement on the outstanding issues under the Change Proposal.

If the Parties cannot reach agreement within sixty (60) days from the date of issue of the Pending Agreement Change Order, then the matter may be referred to the Dispute Board in accordance with the provisions of GCC Sub-Clause 46.1.

39.3   Changes Originating from Contractor

39.3.1 If the Contractor proposes a Change pursuant to GCC Sub-Clause 39.1.2, the Contractor shall submit to the Project Manager a written “Application for Change Proposal,” giving reasons for the proposed Change and including the information specified in GCC Sub-Clause 39.1.2.

Upon receipt of the Application for Change Proposal, the Parties shall follow the procedures outlined in GCC Sub-Clauses 39.2.6 and 39.2.7.  However, the Contractor shall not be entitled to recover the costs of preparing the Application for Change Proposal.

40.  Extension of Time for Completion

40.1   The Time(s) for Completion specified in the PCC pursuant to GCC Sub-Clause 8.2 shall be extended if the Contractor is delayed or impeded in the performance of any of its obligations under the Contract by reason of any of the following:

(a)     any Change in the Facilities as provided in GCC Clause 39

(b)     any occurrence of Force Majeure as provided in GCC Clause 37, unforeseen conditions as provided in GCC Clause 35, or other occurrence of any of the matters specified or referred to in paragraphs (a), (b) and (c) of GCC Sub-Clause 32.2

(c)     any suspension order given by the Employer under GCC Clause 41 hereof or reduction in the rate of progress pursuant to GCC Sub-Clause 41.2 or

(d)     any changes in laws and regulations as provided in GCC Clause 36 or

(e)     any default or breach of the Contract by the Employer, Appendix to the Contract Agreement titled ,or any activity, act or omission of the Employer, or the Project Manager, or any other contractors employed by the Employer, or

  1. any delay on the part of a Subcontractor, provided such delay is due to a cause for which the Contractor himself would have been entitled to an extension of time under this sub-clause, or
  2. delays attributable to the Employer or caused by customs, or
  3. any other matter specifically mentioned in the Contract

by such period as shall be fair and reasonable in all the circumstances and as shall fairly reflect the delay or impediment sustained by the Contractor.

40.2   Except where otherwise specifically provided in the Contract, the Contractor shall submit to the Project Manager a notice of a claim for an extension of the Time for Completion, together with particulars of the event or circumstance justifying such extension as soon as reasonably practicable after the commencement of such event or circumstance.  As soon as reasonably practicable after receipt of such notice and supporting particulars of the claim, the Employer and the Contractor shall agree upon the period of such extension.  In the event that the Contractor does not accept the Employer’s estimate of a fair and reasonable time extension, the Contractor shall be entitled to refer the matter to a Dispute Board, pursuant to GCC Sub-Clause 46.1.

40.3 The Contractor shall at all times use its reasonable efforts to minimize any delay in the performance of its obligations under the Contract.

40.4  In all cases where the Contractor has given a notice of a claim for an extension of time under GCC 40.2, the Contractor shall consult with the Project Manager in order to determine the steps (if any) which can be taken to overcome or minimize the actual or anticipated delay. The Contractor shall there after comply with all reasonable instructions which the Project Manager shall give in order to minimize such delay. If compliance with such instructions shall cause the Contractor to incur extra costs and the Contractor is entitled to an extension of time under GCC 40.1, the amount of such extra costs shall be added to the Contract Price.

41.  Suspension

41.1   The Employer may request the Project Manager, by notice to the Contractor, to order the Contractor to suspend performance of any or all of its obligations under the Contract.  Such notice shall specify the obligation of which performance is to be suspended, the effective date of the suspension and the reasons therefor.  The Contractor shall thereupon suspend performance of such obligation, except those obligations necessary for the care or preservation of the Facilities, until ordered in writing to resume such performance by the Project Manager.

If, by virtue of a suspension order given by the Project Manager, other than by reason of the Contractor’s default or breach of the Contract, the Contractor’s performance of any of its obligations is suspended for an aggregate period of more than ninety (90) days, then at any time thereafter and provided that at that time such performance is still suspended, the Contractor may give a notice to the Project Manager requiring that the Employer shall, within twenty-eight (28) days of receipt of the notice, order the resumption of such performance or request and subsequently order a change in accordance with GCC Clause 39, excluding the performance of the suspended obligations from the Contract.

If the Employer fails to do so within such period, the Contractor may, by a further notice to the Project Manager, elect to treat the suspension, where it affects a part only of the Facilities, as a deletion of such part in accordance with GCC Clause 39 or, where it affects the whole of the Facilities, as termination of the Contract under GCC Sub-Clause 42.1.

41.2   If

(a)     the Employer has failed to pay the Contractor any sum due under the Contract within the specified period, has failed to approve any invoice or supporting documents without just cause pursuant to the  Appendix to the Contract Agreement titled Terms and Procedures of Payment, or commits a substantial breach of the Contract, the Contractor may give a notice to the Employer that requires payment of such sum, with interest thereon as stipulated in GCC Sub-Clause 12.3, requires approval of such invoice or supporting documents, or specifies the breach and requires the Employer to remedy the same, as the case may be.  If the Employer fails to pay such sum together with such interest, fails to approve such invoice or supporting documents or give its reasons for withholding such approval, or fails to remedy the breach or take steps to remedy the breach within fourteen (14) days after receipt of the Contractor’s notice or

(b)     the Contractor is unable to carry out any of its obligations under the Contract for any reason attributable to the Employer, including but not limited to the Employer’s failure to provide possession of or access to the Site or other areas in accordance with GCC Sub-Clause 10.2, or failure to obtain any governmental permit necessary for the execution and/or completion of the Facilities,

then the Contractor may by fourteen (14) days’ notice to the Employer suspend performance of all or any of its obligations under the Contract, or reduce the rate of progress.

41.3   If the Contractor’s performance of its obligations is suspended or the rate of progress is reduced pursuant to this GCC Clause 41, then the Time for Completion shall be extended in accordance with GCC Sub-Clause 40.1, and any and all additional costs or expenses incurred by the Contractor as a result of such suspension or reduction shall be paid by the Employer to the Contractor in addition to the Contract Price, except in the case of suspension order or reduction in the rate of progress by reason of the Contractor’s default or breach of the Contract.

41.4   During the period of suspension, the Contractor shall not remove from the Site any Plant, any part of the Facilities or any Contractor’s Equipment, without the prior written consent of the Employer.

42.  Termination

42.1   Termination for Employer’s Convenience

42.1.1 The Employer may at any time terminate the Contract for any reason by giving the Contractor a notice of termination that refers to this GCC Sub-Clause 42.1.

42.1.2 Upon receipt of the notice of termination under GCC Sub-Clause 42.1.1, the Contractor shall either immediately or upon the date specified in the notice of termination

(a)     cease all further work, except for such work as the Employer may specify in the notice of termination for the sole purpose of protecting that part of the Facilities already executed, or any work required to leave the Site in a clean and safe condition

(b)     terminate all subcontracts, except those to be assigned to the Employer pursuant to paragraph (d) (ii) below

(c)     remove all Contractor’s Equipment from the Site, repatriate the Contractor’s Personnel from the Site, remove from the Site any wreckage, rubbish and debris of any kind, and leave the whole of the Site in a clean and safe condition, and

(d)     subject to the payment specified in GCC Sub-Clause 42.1.3,

(i)      deliver to the Employer the parts of the Facilities executed by the Contractor up to the date of termination

(ii)    to the extent legally possible, assign to the Employer all right, title and benefit of the Contractor to the Facilities and to the Plant as of the date of termination, and, as may be required by the Employer, in any subcontracts concluded between the Contractor and its Subcontractors; and

(iii)   deliver to the Employer all non-proprietary drawings, specifications and other documents prepared by the Contractor or its Subcontractors as at the date of termination in connection with the Facilities.

42.1.3 In the event of termination of the Contract under GCC Sub-Clause 42.1.1, the Employer shall pay to the Contractor the following amounts:

(a)     the Contract Price, properly attributable to the parts of the Facilities executed by the Contractor as of the date of termination

(b)     the costs reasonably incurred by the Contractor in the removal of the Contractor’s Equipment from the Site and in the repatriation of the Contractor’s Personnel

(c)     any amounts to be paid by the Contractor to its Subcontractors in connection with the termination of any subcontracts, including any cancellation charges

(d)     costs incurred by the Contractor in protecting the Facilities and leaving the Site in a clean and safe condition pursuant to paragraph (a) of GCC Sub-Clause 42.1.2

(e)     the cost of satisfying all other obligations, commitments and claims that the Contractor may in good faith have undertaken with third Parties in connection with the Contract and that are not covered by paragraphs (a) through (d) above.

42.2   Termination for Contractor’s Default

42.2.1 The Employer, without prejudice to any other rights or remedies it may possess, may terminate the Contract forthwith in the following circumstances by giving a notice of termination and its reasons therefor to the Contractor, referring to this GCC Sub-Clause 42.2:

(a)     if the Contractor becomes bankrupt or insolvent, has a receiving order issued against it, compounds with its creditors, or, if the Contractor is a corporation, a resolution is passed or order is made for its winding up, other than a voluntary liquidation for the purposes of amalgamation or reconstruction, a receiver is appointed over any part of its undertaking or assets, or if the Contractor takes or suffers any other analogous action in consequence of debt

(b)     if the Contractor assigns or transfers the Contract or any right or interest therein in violation of the provision of GCC Clause 43.

(c)     if the Contractor, in the judgment of the Employer has engaged in Fraud and Corruption, as defined in   paragrpah 2.2 a. of Appendix B to the GCC, in competing for or in executing the Contract.

42.2.2 If the Contractor

(a)     has abandoned or repudiated the Contract

(b)     has without valid reason failed to commence work on the Facilities promptly or has suspended, other than pursuant to GCC Sub-Clause 41.2, the progress of Contract performance for more than twenty-eight (28) days after receiving a written instruction from the Employer to proceed

(c)     persistently fails to execute the Contract in accordance with the Contract or persistently neglects to carry out its obligations under the Contract without just cause

(d)     refuses or is unable to provide sufficient materials, services or labor to execute and complete the Facilities in the manner specified in the program furnished under GCC Sub-Clause 18.2  at rates of progress that give reasonable assurance to the Employer that the Contractor can attain Completion of the Facilities by the Time for Completion as extended,

          then the Employer may, without prejudice to any other rights it may possess under the Contract, give a notice to the Contractor stating the nature of the default and requiring the Contractor to remedy the same.  If the Contractor fails to remedy or to take steps to remedy the same within fourteen (14) days of its receipt of such notice, then the Employer may terminate the Contract forthwith by giving a notice of termination to the Contractor that refers to this GCC Sub-Clause 42.2.

42.2.3 Upon receipt of the notice of termination under GCC Sub-Clauses 42.2.1 or 42.2.2, the Contractor shall, either immediately or upon such date as is specified in the notice of termination,

(a)     cease all further work, except for such work as the Employer may specify in the notice of termination for the sole purpose of protecting that part of the Facilities already executed, or any work required to leave the Site in a clean and safe condition

(b)     terminate all subcontracts, except those to be assigned to the Employer pursuant to paragraph (d) below

(c)     deliver to the Employer the parts of the Facilities executed by the Contractor up to the date of termination

(d)     to the extent legally possible, assign to the Employer all right, title and benefit of the Contractor to the  Facilities and to the Plant as of the date of termination, and, as may be required by the Employer, in any subcontracts concluded between the Contractor and its Subcontractors

(e)     deliver to the Employer all drawings, specifications and other documents prepared by the Contractor or its Subcontractors as of the date of termination in connection with the Facilities.

42.2.4 The Employer may enter upon the Site, expel the Contractor, and complete the Facilities itself or by employing any third Party.  The Employer may, to the exclusion of any right of the Contractor over the same, take over and use with the payment of a fair rental rate to the Contractor, with all the maintenance costs to the account of the Employer and with an indemnification by the Employer for all liability including damage or injury to persons arising out of the Employer’s use of such equipment, any Contractor’s Equipment owned by the Contractor and on the Site in connection with the Facilities for such reasonable period as the Employer considers expedient for the supply and installation of the Facilities.

Upon completion of the Facilities or at such earlier date as the Employer thinks appropriate, the Employer shall give notice to the Contractor that such Contractor’s Equipment will be returned to the Contractor at or near the Site and shall return such Contractor’s Equipment to the Contractor in accordance with such notice.  The Contractor shall thereafter without delay and at its cost remove or arrange removal of the same from the Site.

42.2.5 Subject to GCC Sub-Clause 42.2.6, the Contractor shall be entitled to be paid the Contract Price attributable to the Facilities executed as of the date of termination, the value of any unused or partially used Plant on the Site, and the costs, if any, incurred in protecting the Facilities and in leaving the Site in a clean and safe condition pursuant to paragraph (a) of GCC Sub-Clause 42.2.3.  Any sums due the Employer from the Contractor accruing prior to the date of termination shall be deducted from the amount to be paid to the Contractor under this Contract.

42.2.6 If the Employer completes the Facilities, the cost of completing the Facilities by the Employer shall be determined.

If the sum that the Contractor is entitled to be paid, pursuant to GCC Sub-Clause 42.2.5, plus the reasonable costs incurred by the Employer in completing the Facilities, exceeds the Contract Price, the Contractor shall be liable for such excess.

If such excess is greater than the sums due the Contractor under GCC Sub-Clause 42.2.5, the Contractor shall pay the balance to the Employer, and if such excess is less than the sums due the Contractor under GCC Sub-Clause 42.2.5, the Employer shall pay the balance to the Contractor.

The Employer and the Contractor shall agree, in writing, on the computation described above and the manner in which any sums shall be paid.

42.3   Termination by the Contractor

42.3.1 If

(a)    the Employer has failed to pay the Contractor any sum due under the Contract within the specified period, has failed to approve any invoice or supporting documents without just cause pursuant to the  Appendix to the Contract Agreement titled Terms and Procedures of Payment, or commits a substantial breach of the Contract, the Contractor may give a notice to the Employer that requires payment of such sum, with interest thereon as stipulated in GCC Sub-Clause 12.3, requires approval of such invoice or supporting documents, or specifies the breach and requires the Employer to remedy the same, as the case may be.  If the Employer fails to pay such sum together with such interest, fails to approve such invoice or supporting documents or give its reasons for withholding such approval, fails to remedy the breach or take steps to remedy the breach within fourteen (14) days after receipt of the Contractor’s notice, or

(b)    the Contractor is unable to carry out any of its obligations under the Contract for any reason attributable to the Employer, including but not limited to the Employer’s failure to provide possession of or access to the Site or other areas or failure to obtain any governmental permit necessary for the execution and/or completion of the Facilities,

then the Contractor may give a notice to the Employer thereof, and if the Employer has failed to pay the outstanding sum, to approve the invoice or supporting documents, to give its reasons for withholding such approval, or to remedy the breach within twenty-eight (28) days of such notice, or if the Contractor is still unable to carry out any of its obligations under the Contract for any reason attributable to the Employer within twenty-eight (28) days of the said notice, the Contractor may by a further notice to the Employer referring to this GCC Sub-Clause 42.3.1, forthwith terminate the Contract.

42.3.2 The Contractor may terminate the Contract forthwith by giving a notice to the Employer to that effect, referring to this GCC Sub-Clause 42.3.2, if the Employer becomes bankrupt or insolvent, has a receiving order issued against it, compounds with its creditors, or, being a corporation, if a resolution is passed or order is made for its winding up (other than a voluntary liquidation for the purposes of amalgamation or reconstruction), a receiver is appointed over any part of its undertaking or assets, or if the Employer takes or suffers any other analogous action in consequence of debt.

42.3.3 If the Contract is terminated under GCC Sub-Clauses 42.3.1 or 42.3.2, then the Contractor shall immediately

(a)     cease all further work, except for such work as may be necessary for the purpose of protecting that part of the Facilities already executed, or any work required to leave the Site in a clean and safe condition

(b)     terminate all subcontracts, except those to be assigned to the Employer pursuant to paragraph (d) (ii)

(c)     remove all Contractor’s Equipment from the Site and repatriate the Contractor’s Personnel from the Site, and

(d)     subject to the payment specified in GCC Sub-Clause 42.3.4,

(i)      deliver to the Employer the parts of the Facilities executed by the Contractor up to the date of termination

(ii)    to the extent legally possible, assign to the Employer all right, title and benefit of the Contractor to the Facilities and to the Plant as of the date of termination, and, as may be required by the Employer, in any subcontracts concluded between the Contractor and its Subcontractors, and

(iii)   deliver to the Employer all drawings, specifications and other documents prepared by the Contractor or its Subcontractors as of the date of termination in connection with the Facilities.

42.3.4 If the Contract is terminated under GCC Sub-Clauses 42.3.1 or 42.3.2, the Employer shall pay to the Contractor all payments specified in GCC Sub-Clause 42.1.3, and reasonable compensation for all loss, except for loss of profit, or damage sustained by the Contractor arising out of, in connection with or in consequence of such termination.

42.3.5 Termination by the Contractor pursuant to this GCC Sub-Clause 42.3 is without prejudice to any other rights or remedies of the Contractor that may be exercised in lieu of or in addition to rights conferred by GCC Sub-Clause 42.3.

42.4   In this GCC Clause 42, the expression “Facilities executed” shall include all work executed, Installation Services provided, and all Plant acquired, or subject to a legally binding obligation to purchase, by the Contractor and used or intended to be used for the purpose of the Facilities, up to and including the date of termination.

42.5   In this GCC Clause 42, in calculating any monies due from the Employer to the Contractor, account shall be taken of any sum previously paid by the Employer to the Contractor under the Contract, including any advance payment paid pursuant to the Appendix to the Contract Agreement titled Terms and Procedures of Payment.

43.  Assignment

43.1   Neither the Employer nor the Contractor shall, without the express prior written consent of the other Party, which consent shall not be unreasonably withheld, assign to any third Party the Contract or any part thereof, or any right, benefit, obligation or interest therein or thereunder, except that the Contractor shall be entitled to assign either absolutely or by way of charge any monies due and payable to it or that may become due and payable to it under the Contract.

44. Export Restrictions

44.1   Notwithstanding any obligation under the Contract to complete all export formalities, any export restrictions attributable to the Employer, to the country of the Employer or to the use of the Plant and Installation Services to be supplied which arise from trade regulations from a country supplying those Plant and Installation Services, and which substantially impede the Contractor from meeting its obligations under the Contract, shall release the Contractor from the obligation to provide deliveries or services, always provided, however, that the Contractor can demonstrate to the satisfaction of the Employer and of the Bank that it has completed all formalities in a timely manner, including applying for permits, authorizations and licenses necessary for the export of the Plant and Installation Services under the terms of the Contract.  Termination of the Contract on this basis shall be for the Employer’s convenience pursuant to Sub-Clause 42.1.

  1. Claims, Disputes and Arbitration

45.  Contractor’s Claims

45.1   If the Contractor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment, under any Clause of these Conditions or otherwise in connection with the Contract, the Contractor shall submit a notice to the Project Manager, describing the event or circumstance giving rise to the claim. The notice shall be given as soon as practicable, and not later than 28 days after the Contractor became aware, or should have become aware, of the event or circumstance.

If the Contractor fails to give notice of a claim within such period of 28 days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Employer shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this Sub-Clause shall apply.

The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all as relevant to such event or circumstance.

The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site or at another location acceptable to the Project Manager. Without admitting the Employer’s liability, the Project Manager may, after receiving any notice under this Sub-Clause, monitor the record-keeping and/or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Project Manager to inspect all these records, and shall (if instructed) submit copies to the Project Manager.

Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Project Manager, the Contractor shall send to the Project Manager a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and/or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:

  1. this fully detailed claim shall be considered as interim;
  2. the Contractor shall send further interim claims at monthly intervals, giving the accumulated delay and/or amount claimed, and such further particulars as the Project Manager may reasonably require; and
  3. the Contractor shall send a final claim within 28 days after the end of the effects resulting from the event or circumstance, or within such other period as may be proposed by the Contractor and approved by the Project Manager.

Within 42 days after receiving a claim or any further particulars supporting a previous claim, or within such other period as may be proposed by the Project Manager and approved by the Contractor, the Project Manager shall respond with approval, or with disapproval and detailed comments. He may also request any necessary further particulars, but shall nevertheless give his response on the principles of the claim within such time.

Each Payment Certificate shall include such amounts for any claim as have been reasonably substantiated as due under the relevant provision of the Contract. Unless and until the particulars supplied are sufficient to substantiate the whole of the claim, the Contractor shall only be entitled to payment for such part of the claim as he has been able to substantiate.

The Project Manager shall agree with the Contractor or estimate: (i) the extension (if any) of the Time for Completion (before or after its expiry) in accordance with GCC Clause 40, and/or (ii) the additional payment (if any) to which the Contractor is entitled under the Contract.

The requirements of this Sub-Clause are in addition to those of any other Sub-Clause which may apply to a claim. If the Contractor fails to comply with this or another Sub-Clause in relation to any claim, any extension of time and/or additional payment shall take account of the extent (if any) to which the failure has prevented or prejudiced proper investigation of the claim, unless the claim is excluded under the second paragraph of this Sub-Clause.

In the event that the Contractor and the Employer cannot agree on any matter relating to a claim, either Party may refer the matter to the Dispute Board pursuant to GCC 46 hereof.

46. Disputes and Arbitration

46.1   Appointment of the Dispute Board

Disputes shall be referred to a DB for decision in accordance with GCC Sub-Clause 46.3. The Parties shall appoint a DB by the date stated in the PCC.

The DB shall comprise, as stated in the PCC, either one or three suitably qualified persons (“the members”), each of whom shall meet the criteria set forth in Sub-Clause 3 of Appendix A- General Conditions of Dispute Board Agreement. If the number is not so stated and the Parties do not agree otherwise, the DB shall comprise three persons, one of whom shall serve as chairman.

If the Contract is with a foreign Contractor, the DB members shall not have the same nationality as the Employer or the Contractor.

If the Parties have not jointly appointed the DB 21 days before the date stated in the PCC and the DB is to comprise three persons, each Party shall nominate one member for the approval of the other Party. The first two members shall recommend and the Parties shall agree upon the third member, who shall act as chairman.

However, if a list of potential members is included in the PCC, the members shall be selected from those on the list, other than anyone who is unable or unwilling to accept appointment to the DB.

The agreement between the Parties and either the sole member or each of the three members shall incorporate by reference the General Conditions of Dispute Board Agreement contained in the Appendix to these General Conditions, with such amendments as are agreed between them.

The DB shall be deemed to be constituted on the date the Parties and the sole member or the three members (as the case may be) of the DB have all signed a DB agreement.

The terms of the remuneration of either the sole member or each of the three members, including the remuneration of any expert whom the DB consults, shall be mutually agreed upon by the Parties when agreeing the terms of appointment of the member or such expert (as the case may be). Each Party shall be responsible for paying one-half of this remuneration.

If a member declines to act or is unable to act as a result of death, disability, resignation or termination of appointment, a replacement shall be appointed in the same manner as the replaced person was required to have been nominated or agreed upon, as described in this Sub-Clause.

The appointment of any member may be terminated by mutual agreement of both Parties, but not by the Employer or the Contractor acting alone. Unless otherwise agreed by both Parties, the appointment of the DB (including each member) shall expire when the Operational Acceptance Certificate has been issued in accordance with GCC Sub-Clause 25.3.

 

46.2   Failure to Agree on the Composition of the Dispute Board

If any of the following conditions apply, namely:

  1. the Parties fail to agree upon the appointment of the sole member of the DB by the date stated in the first paragraph of GCC Sub-Clause 46.1,
  2. either Party fails to nominate a member (for approval by the other Party) of a DB of three persons by such date,
  3. the Parties fail to agree upon the appointment of the third member (to act as chairman) of the DB by such date, or
  4. the Parties fail to agree upon the appointment of a replacement person within 42 days after the date on which the sole member or one of the three members declines to act or is unable to act as a result of death, disability, resignation or termination of appointment,

then the appointing entity or official named in the PCC shall, upon the request of either or both of the Parties and after due consultation with both Parties, appoint this member of the DB. This appointment shall be final and conclusive. Each Party shall be responsible for paying one-half of the remuneration of the appointing entity or official.

 

46.3   Obtaining Dispute Board’s Decision

If a dispute (of any kind whatsoever) arises between the Parties in connection with the performance of the Contract, including any dispute as to any certificate, determination, instruction, opinion or valuation of the Project Manager, either Party may refer the dispute in writing to the DB for its decision, with copies to the other Party and the Project Manager. Such reference shall state that it is given under this Sub-Clause.

For a DB of three persons, the DB shall be deemed to have received such reference on the date when it is received by the chairman of the DB.

Both Parties shall promptly make available to the DB all such additional information, further access to the Site, and appropriate facilities, as the DB may require for the purposes of making a decision on such dispute. The DB shall be deemed to be not acting as arbitrator(s).

Within 84 days after receiving such reference, or within such other period as may be proposed by the DB and approved by both Parties, the DB shall give its decision, which shall be reasoned and shall state that it is given under this Sub-Clause. The decision shall be binding on both Parties, who shall promptly give effect to it unless and until it shall be revised in an amicable settlement or an arbitral award as described below. Unless the Contract has already been abandoned, repudiated or terminated, the Contractor shall continue with the performance of the Facilities in accordance with the Contract.

If either Party is dissatisfied with the DB’s decision, then either Party may, within 28 days after receiving the decision, give notice to the other Party of its dissatisfaction and intention to commence arbitration. If the DB fails to give its decision within the period of 84 days (or as otherwise approved) after receiving such reference, then either Party may, within 28 days after this period has expired, give notice to the other Party of its dissatisfaction and intention to commence arbitration.

In either event, this notice of dissatisfaction shall state that it is given under this Sub-Clause, and shall set out the matter in dispute and the reason(s) for dissatisfaction. Except as stated in GCC Sub-Clauses 46.6 and 46.7, neither Party shall be entitled to commence arbitration of a dispute unless a notice of dissatisfaction has been given in accordance with this Sub-Clause.

If the DB has given its decision as to a matter in dispute to both Parties, and no notice of dissatisfaction has been given by either Party within 28 days after it received the DB’s decision, then the decision shall become final and binding upon both Parties.

 

46.4   Amicable Settlement

Where notice of dissatisfaction has been given under GCC Sub-Clause 46.3 above, both Parties shall attempt to settle the dispute amicably before the commencement of arbitration. However, unless both Parties agree otherwise, arbitration may be commenced on or after the fifty-sixth day after the day on which notice of dissatisfaction and intention to commence arbitration was given, even if no attempt at amicable settlement has been made.

 

46.5   Arbitration

Unless indicated otherwise in the PCC, any dispute not settled amicably and in respect of which the DB’s decision (if any) has not become final and binding shall be finally settled by arbitration. Unless otherwise agreed by both Parties, arbitration shall be conducted as follows:

(a)     For contracts with foreign contractors:

unless otherwise specified in the PCC; the dispute shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce; by one or three arbitrators appointed in accordance with these Rules. The place of arbitration shall be the neutral location stated in the PCC; and the arbitration shall be conducted in the ruling language stated in the PCC;

and

(b)     For contracts with domestic contractors, arbitration with proceedings conducted in accordance with the laws of the Employer’s Country.

The arbitrator(s) shall have full power to open up, review and revise any certificate, determination, instruction, opinion or valuation of the Project Manager, and any decision of the DB, relevant to the dispute. Nothing shall disqualify the Project Manager from being called as a witness and giving evidence before the arbitrator(s) on any matter whatsoever relevant to the dispute.

Neither Party shall be limited in the proceedings before the arbitrator(s) to the evidence or arguments previously put before the DB to obtain its decision, or to the reasons for dissatisfaction given in its notice of dissatisfaction. Any decision of the DB shall be admissible in evidence in the arbitration.

Arbitration may be commenced prior to or after completion of the Facilities. The obligations of the Parties, the Project Manager and the DB shall not be altered by reason of any arbitration being conducted during the progress of the execution of the Facilities.

 

46.6   Failure to Comply with Dispute Board’s Decision

In the event that a Party fails to comply with a DB decision which has become final and binding, then the other Party may, without prejudice to any other rights it may have, refer the failure itself to arbitration under GCC Sub-Clause 46.5. GCC Sub-Clauses 46.3 and 46.4 shall not apply to this reference.

 

46.7   Expiry of Dispute Board’s Appointment

If a dispute arises between the Parties in connection with the performance of the Contract, and there is no DB in place, whether by reason of the expiry of the DB’s appointment or otherwise:

(a)     GCC Sub-Clauses 46.3 and 46.4 shall not apply, and

(b)     the dispute may be referred directly to arbitration under GCC Sub-Clause 46.5

47. Cyber Security

 

47.1   Pursuant to the PCC, the Contractor including its Subcontractors/ suppliers/ manufacturers shall take all technical and organizational measures necessary to protect the information technology systems and data used in connection with the Contract. Without limiting the foregoing, the Contractor, including its Subcontractors/ suppliers/ manufacturers, shall use all reasonable efforts to establish, maintain, implement and comply with, reasonable information technology, information security, cyber security and data protection controls, policies and procedures, including oversight, access controls, encryption, technological and physical safeguards and business continuity/disaster recovery and security plans that are designed to protect against and prevent breach, destruction, loss, unauthorized distribution, use, access, disablement, misappropriation or modification, or other compromise or misuse of or relating to any information technology system or data used in connection with the Contract.

 

 

 

 

APPENDIX A

General Conditions of Dispute Board Agreement

1.       Definitions

Each “Dispute Board Agreement” is a tripartite agreement by and between:

the “Employer”;

the “Contractor”; and

the “Member” who is defined in the Dispute Board Agreement as being:

(i)      the sole member of the “DB” and, where this is the case, all references to the “Other Members” do not apply, or

(ii)     one of the three persons who are jointly called the “DB” (or “dispute board”) and, where this is the case, the other two persons are called the “Other Members”.

The Employer and the Contractor have entered (or intend to enter) into a contract, which is called the “Contract” and is defined in the Dispute Board Agreement, which incorporates this Appendix. In the Dispute Board Agreement, words and expressions which are not otherwise defined shall have the meanings assigned to them in the Contract.

2.       General Provisions

Unless otherwise stated in the Dispute Board Agreement, it shall take effect on the latest of the following dates:

(a)     the Commencement Date defined in the Contract,

(b)     when the Employer, the Contractor and the Member have each signed the Dispute Board Agreement, or

(c)     when the Employer, the Contractor and each of the Other Members (if any) have respectively each signed a dispute board agreement.

This employment of the Member is a personal appointment. At any time, the Member may give not less than 70 days’ notice of resignation to the Employer and to the Contractor, and the Dispute Board Agreement shall terminate upon the expiry of this period.

3.       Warranties

The Member warrants and agrees that he/she is and shall be impartial and independent of the Employer, the Contractor and the Project Manager. The Member shall promptly disclose, to each of them and to the Other Members (if any), any fact or circumstance which might appear inconsistent with his/her warranty and agreement of impartiality and independence.

  1. When appointing the Member, the Employer and the Contractor relied upon the Member’s representations that he/she is:has at least a bachelor’s degree in relevant disciplines such as law, engineering, construction management or contract management; 
  2. has at least ten years of experience in contract administration/management and dispute resolution, out of which at least five years of experience as an arbitrator or adjudicator in construction-related disputes;
  3. has received formal training as an adjudicator from an internationally recognized organization; 
  4. has experience and/or is knowledgeable in the type of work which the Contractor is to carry out under the Contract;
  5. has experience in the interpretation of construction and/or engineering contract documents; and
  6. is fluent in the language for communications defined in GCC Sub-Clause 5.3 (or the language as agreed between the Parties and the DB).

4.       General Obligations of the Member

The Member shall:

(a)     have no interest financial or otherwise in the Employer, the Contractor or the Project Manager, nor any financial interest in the Contract except for payment under the Dispute Board Agreement;

(b)     not previously have been employed as a consultant or otherwise by the Employer, the Contractor or the Project Manager, except in such circumstances as were disclosed in writing to the Employer and the Contractor before they signed the Dispute Board Agreement;

(c)     have disclosed in writing to the Employer, the Contractor and the Other Members (if any), before entering into the Dispute Board Agreement and to his/her best knowledge and recollection, any professional or personal relationships with any director, officer or employee of the Employer, the Contractor or the Project Manager, and any previous involvement in the overall project of which the Contract forms part;

(d)     not, for the duration of the Dispute Board Agreement, be employed as a consultant or otherwise by the Employer, the Contractor or the Project Manager, except as may be agreed in writing by the Employer, the Contractor and the Other Members (if any);

(e)     comply with the annexed procedural rules and with GCC Sub-Clause 46.3;

(f)     not give advice to the Employer, the Contractor, the Employer’s Personnel or the Contractor’s  Personnel concerning the conduct of the Contract, other than in accordance with the annexed procedural rules;

(g)     not while a Member enter into discussions or make any agreement with the Employer, the Contractor or the Project Manager regarding employment by any of them, whether as a consultant or otherwise, after ceasing to act under the Dispute Board Agreement;

(h)     ensure his/her availability for all site visits and hearings as are necessary;

(i)      become conversant with the Contract and with the progress of the Facilities (and of any other parts of the project of which the Contract forms part) by studying all documents received which shall be maintained in a current working file;

(j)      treat the details of the Contract and all the DB’s activities and hearings as private and confidential, and not publish or disclose them without the prior written consent of the Employer, the Contractor and the Other Members (if any); and

(k)     be available to give advice and opinions, on any matter relevant to the Contract when requested by both the Employer and the Contractor, subject to the agreement of the Other Members (if any).

5.       General Obligations of the Employer and the Contractor

The Employer, the Contractor, the Employer’s Personnel and the Contractor’s Personnel shall not request advice from or consultation with the Member regarding the Contract, otherwise than in the normal course of the DB’s activities under the Contract and the Dispute Board Agreement. The Employer and the Contractor shall be responsible for compliance with this provision, by the Employer’s Personnel and the Contractor’s  Personnel respectively.

The Employer and the Contractor undertake to each other and to the Member that the Member shall not, except as otherwise agreed in writing by the Employer, the Contractor, the Member and the Other Members (if any):

(a)     be appointed as an arbitrator in any arbitration under the Contract;

(b)     be called as a witness to give evidence concerning any dispute before arbitrator(s) appointed for any arbitration under the Contract; or

(c)     be liable for any claims for anything done or omitted in the discharge or purported discharge of the Member’s functions, unless the act or omission is shown to have been in bad faith.

The Employer and the Contractor hereby jointly and severally indemnify and hold the Member harmless against and from claims from which he is relieved from liability under the preceding paragraph.

Whenever the Employer or the Contractor refers a dispute to the DB under GCC Sub-Clause 46.3, which will require the Member to make a site visit and attend a hearing, the Employer or the Contractor shall provide appropriate security for a sum equivalent to the reasonable expenses to be incurred by the Member. No account shall be taken of any other payments due or paid to the Member.

6.       Payment

The Member shall be paid as follows, in the currency named in the Dispute Board Agreement:

(a)     a retainer fee per calendar month, which shall be considered as payment in full for:

(i)      being available on 28 days’ notice for all site visits and hearings;

(ii)    becoming and remaining conversant with all project developments and maintaining relevant files;

(iii)    all office and overhead expenses including secretarial services, photocopying and office supplies incurred in connection with his duties; and

(iv)    all services performed hereunder except those referred to in sub-paragraphs (b) and (c) of this Clause.

The retainer fee shall be paid with effect from the last day of the calendar month in which the Dispute Board Agreement becomes effective; until the last day of the calendar month in which the Taking-Over Certificate is issued for the whole of the Facilities.

With effect from the first day of the calendar month following the month in which Taking-Over Certificate is issued for the whole of the Facilities, the retainer fee shall be reduced by one third This reduced fee shall be paid until the first day of the calendar month in which the Member resigns or the Dispute Board Agreement is otherwise terminated.

(b)     a daily fee which shall be considered as payment in full for:

(i)      each day or part of a day up to a maximum of two days’ travel time in each direction for the journey between the Member’s home and the site, or another location of a meeting with the Other Members (if any);

(ii)     each working day on site visits, hearings or preparing decisions; and

(iii)    each day spent reading submissions in preparation for a hearing.

(c)     all reasonable expenses including necessary travel expenses (air fare in less than first class, hotel and subsistence and other direct travel expenses) incurred in connection with the Member’s duties, as well as the cost of telephone calls, courier charges, faxes and telexes: a receipt shall be required for each item in excess of five percent of the daily fee referred to in sub-paragraph (b) of this Clause;

(d)     any taxes properly levied in the Country on payments made to the Member (unless a national or permanent resident of the Country) under this Clause 6.

The retainer and daily fees shall be as specified in the Dispute Board Agreement. Unless it specifies otherwise, these fees shall remain fixed for the first 24 calendar months and shall thereafter be adjusted by agreement between the Employer, the Contractor and the Member, at each anniversary of the date on which the Dispute Board Agreement became effective.

If the Parties fail to agree on the retainer fee or the daily fee the appointing entity or official named in the PCC shall determine the amount of the fees to be used.

The Member shall submit invoices for payment of the monthly retainer and air fares quarterly in advance. Invoices for other expenses and for daily fees shall be submitted following the conclusion of a site visit or hearing. All invoices shall be accompanied by a brief description of activities performed during the relevant period and shall be addressed to the Contractor.

The Contractor shall pay each of the Member’s invoices in full within 56 calendar days after receiving each invoice and shall apply to the Employer (in the Statements under the Contract) for reimbursement of one-half of the amounts of these invoices. The Employer shall then pay the Contractor in accordance with the Contract.

If the Contractor fails to pay to the Member the amount to which he/she is entitled under the Dispute Board Agreement, the Employer shall pay the amount due to the Member and any other amount which may be required to maintain the operation of the DB; and without prejudice to the Employer’s rights or remedies. In addition to all other rights arising from this default, the Employer shall be entitled to reimbursement of all sums paid in excess of one-half of these payments, plus all costs of recovering these sums and financing charges calculated at the rate specified in accordance with GCC Sub-Clause 12.3.

If the Member does not receive payment of the amount due within 70 days after submitting a valid invoice, the Member may (i) suspend his/her services (without notice) until the payment is received, and/or (ii) resign his/her appointment by giving notice under Clause 7.

7.       Termination

At any time: (i) the Employer and the Contractor may jointly terminate the Dispute Board Agreement by giving 42 days’ notice to the Member; or (ii) the Member may resign as provided for in Clause 2.

If the Member fails to comply with the Dispute Board Agreement, the Employer and the Contractor may, without prejudice to their other rights, terminate it by notice to the Member. The notice shall take effect when received by the Member.

If the Employer or the Contractor fails to comply with the Dispute Board Agreement, the Member may, without prejudice to his other rights, terminate it by notice to the Employer and the Contractor. The notice shall take effect when received by them both.

Any such notice, resignation and termination shall be final and binding on the Employer, the Contractor and the Member. However, a notice by the Employer or the Contractor, but not by both, shall be of no effect.

8.       Default of the Member

If the Member fails to comply with any of his obligations under Clause 4 concerning his impartiality or independence in relation to the Employer or the Contractor, he/she shall not be entitled to any fees or expenses hereunder and shall, without prejudice to their other rights, reimburse each of the Employer and the Contractor for any fees and expenses received by the Member and the Other Members (if any), for proceedings or decisions (if any) of the DB which are rendered void or ineffective by the said failure to comply.

9.       Disputes

Any dispute or claim arising out of or in connection with this Dispute Board Agreement, or the breach, termination or invalidity thereof, shall be finally settled by institutional arbitration. If no other arbitration institute is agreed, the arbitration shall be conducted under the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with these Rules of Arbitration.

 

Appendix A

DISPUTE BOARD GUIDELINES

1.         Unless otherwise agreed by the Employer and the Contractor, the DB shall visit the site at intervals of not more than 140 days, including times of critical construction events, at the request of either the Employer or the Contractor. Unless otherwise agreed by the Employer, the Contractor and the DB, the period between consecutive visits shall not be less than 70 days, except as required to convene a hearing as described below.

2.         The timing of and agenda for each site visit shall be as agreed jointly by the DB, the Employer and the Contractor, or in the absence of agreement, shall be decided by the DB. The purpose of site visits is to enable the DB to become and remain acquainted with the progress of the execution of the Contract and of any actual or potential problems or claims, and, as far as reasonable, to prevent potential problems or claims from becoming disputes.

3.         Site visits shall be attended by the Employer, the Contractor and the Project Manager and shall be coordinated by the Employer in co-operation with the Contractor. The Employer shall ensure the provision of appropriate conference facilities and secretarial and copying services. At the conclusion of each site visit and before leaving the site, the DB shall prepare a report on its activities during the visit and shall send copies to the Employer and the Contractor.

4.         The Employer and the Contractor shall furnish to the DB one copy of all documents which the DB may request, including Contract documents, progress reports, variation instructions, certificates and other documents pertinent to the performance of the Contract. All communications between the DB and the Employer or the Contractor shall be copied to the other Party. If the DB comprises three persons, the Employer and the Contractor shall send copies of these requested documents and these communications to each of these persons.

5.         If any dispute is referred to the DB in accordance with GCC Sub-Clause 46.3, the DB shall proceed in accordance with GCC Sub-Clause 46.3 and these Guidelines. Subject to the time allowed to give notice of a decision and other relevant factors, the DB shall:

(a)        act fairly and impartially as between the Employer and the Contractor, giving each of them a reasonable opportunity of putting his case and responding to the other’s case, and

(b)       adopt procedures suitable to the dispute, avoiding unnecessary delay or expense.

6.         The DB may conduct a hearing on the dispute, in which event it will decide on the date and place for the hearing and may request that written documentation and arguments from the Employer and the Contractor be presented to it prior to or at the hearing.

7.          Except as otherwise agreed in writing by the Employer and the Contractor, the DB shall have power to adopt an inquisitorial procedure, to refuse admission to hearings or audience at hearings to any persons other than representatives of the Employer, the Contractor and the Project Manager, and to proceed in the absence of any Party who the DB is satisfied received notice of the hearing; but shall have discretion to decide whether and to what extent this power may be exercised.

8.         The Employer and the Contractor empower the DB, among other things, to:

(a)        establish the procedure to be applied in deciding a dispute,

(b)       decide upon the DB’s own jurisdiction, and as to the scope of any dispute referred to it,

(c)        conduct any hearing as it thinks fit, not being bound by any rules or procedures other than those contained in the Contract and these Guidelines,

(d)       take the initiative in ascertaining the facts and matters required for a decision,

(e)       make use of its own specialist knowledge, if any,

(f)        decide upon the payment of financing charges in accordance with the Contract,

(g)       decide upon any provisional relief such as interim or conservatory measures,

(h)       open up, review and revise any certificate, decision, determination, instruction, opinion or valuation of the Project Manager, relevant to the dispute, and

(i)        appoint, should the DB so consider necessary and the Parties agree, a suitable expert/s  (including legal and technical expert(s)) at the cost of the Parties to give advice on a specific matter/s relevant to the dispute.

9.         The DB shall not express any opinions during any hearing concerning the merits of any arguments advanced by the Parties. Thereafter, the DB shall make and give its decision in accordance with GCC Sub-Clause 46.3, or as otherwise agreed by the Employer and the Contractor in writing. If the DB comprises three persons:

(a)        it shall convene in private after a hearing, in order to have discussions and prepare its decision;

(b)       it shall endeavor to reach a unanimous decision: if this proves impossible the applicable decision shall be made by a majority of the Members, who may require the minority Member to prepare a written report for submission to the Employer and the Contractor; and

(c)         if a Member fails to attend a meeting or hearing, or to fulfil any required function, the other two Members may nevertheless proceed to make a decision, unless:

(i)        either the Employer or the Contractor does not agree that they do so, or

(ii)       the absent Member is the chairman and he/she instructs the other Members to not make a decision.

 

 

APPENDIX B

 

Fraud and Corruption

(Text in this Appendix shall not be modified)

  1. Purpose
    1. The Bank’s Anti-Corruption Guidelines and this annex apply with respect to procurement under Bank Investment Project Financing operations.
  2. Requirements
  1. The Bank requires that Borrowers (including beneficiaries of Bank financing); bidders (applicants/proposers), consultants, contractors and suppliers; any sub-contractors, sub-consultants, service providers or suppliers; any agents (whether declared or not); and any of their personnel, observe the highest standard of ethics during the procurement process, selection and contract execution of Bank-financed contracts, and refrain from Fraud and Corruption.
  2. To this end, the Bank:
  1. Defines, for the purposes of this provision, the terms set forth below as follows:
  1. “corrupt practice” is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party;
  2. “fraudulent practice” is any act or omission, including misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain financial or other benefit or to avoid an obligation;
  3. “collusive practice” is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party;
  4. “coercive practice” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party;
  5. “obstructive practice” is:
  1. deliberately destroying, falsifying, altering, or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a Bank investigation into allegations of a corrupt, fraudulent, coercive, or collusive practice; and/or threatening, harassing, or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or
  2. acts intended to materially impede the exercise of the Bank’s inspection and audit rights provided for under paragraph 2.2 e. below.
  1. Rejects a proposal for award if the Bank determines that the firm or individual recommended for award, any of its personnel, or its agents, or its sub-consultants, sub-contractors, service providers, suppliers and/ or their employees, has, directly or indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing for the contract in question;
  2. In addition to the legal remedies set out in the relevant Legal Agreement, may take other appropriate actions, including declaring misprocurement, if the Bank determines at any time that representatives of the Borrower or of a recipient of any part of the proceeds of the loan engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices during the procurement process, selection and/or execution of the contract in question, without the Borrower having taken timely and appropriate action satisfactory to the Bank to address such practices when they occur, including by failing to inform the Bank in a timely manner at the time  they knew of the practices;
  3. Pursuant to the Bank’s Anti- Corruption Guidelines and in accordance with the Bank’s prevailing sanctions policies and procedures, may sanction a firm or individual, either indefinitely or for a stated period of time, including by publicly declaring such firm or individual ineligible (i) to be awarded or otherwise benefit from a Bank-financed contract, financially or in any other manner;[15] (ii) to be a nominated[16] sub-contractor, consultant, manufacturer or supplier, or service provider of an otherwise eligible firm being awarded a Bank-financed contract; and (iii) to receive the proceeds of any loan made by the Bank or otherwise to participate further in the preparation or implementation of any Bank-financed project;
  4. Requires that a clause be included in bidding/request for proposals documents and in contracts financed by a Bank loan, requiring (i) bidders (applicants/proposers), consultants, contractors, and suppliers, and their sub-contractors, sub-consultants, service providers, suppliers, agents, personnel, permit the Bank to inspect[17] all accounts, records and other documents relating to the procurement process, selection and/or contract execution, and to have them audited by auditors appointed by the Bank.

 

 

APPENDIX C

Metrics for Progress Reports- Environmental and Social (ES)

Metrics for regular reporting:

          1. environmental incidents or non-compliances with contract requirements, including contamination, pollution or damage to ground or water supplies;
          2. health and safety incidents, accidents, injuries that require treatment and all fatalities;
          3. interactions with regulators:  identify agency, dates, subjects, outcomes (report the negative if none);
          4. status of all permits and agreements:
  2. work permits: number required, number received, actions taken for those not received;
  3. status of permits and consents:
  1. safety officer: number days worked, number of full inspections & partial inspections, reports to construction/project management;
  2. number of workers, work hours, metric of PPE use (percentage of workers with full personal protection equipment (PPE), partial, etc.), worker violations observed (by type of violation, PPE or otherwise), warnings given, repeat warnings given, follow-up actions taken (if any);
          1. worker accommodations:
  1. number of expats housed in accommodations, number of locals;
  2. date of last inspection, and highlights of inspection including status of accommodations’ compliance with national and local law and good practice, including sanitation, space, etc.;
  3. actions taken to recommend/require improved conditions, or to improve conditions.
          1. Health services: provider of health services, information and/or training, location of clinic, number of non-safety disease or illness treatments and diagnoses (no names to be provided);
          2. gender (for expats and locals separately): number of female workers, percentage of workforce, gender issues raised and dealt with (cross-reference grievances or other sections as needed);
          3. training:
  1. number of new workers, number receiving induction training, dates of induction training;
  2. number and dates of toolbox talks, number of workers receiving Occupational Health and Safety (OHS), environmental and social training;
  3. number and dates of communicable diseases (including STDs) sensitization and/or training, no. workers receiving training (in the reporting period and in the past); same questions for gender sensitization, flag person training.
  4. number and date of SEA prevention and SH sensitization and/or training events, including number of workers receiving training on Code of Conduct for Contractor’s Personnel (in the reporting period and in the past), etc.
          1. environmental and social supervision:
  1. environmental: days worked, areas inspected and numbers of inspections of each (road section, work camp, accommodations, quarries, borrow areas, spoil areas, swamps, forest crossings, etc.), highlights of activities/findings (including violations of environmental and/or social best practices, actions taken), reports to environmental and/or social specialist/construction/site management;
  2. social: days worked, number of partial and full site inspections (by area: road section, work camp, accommodations, quarries, borrow areas, spoil areas, clinic, HIV/AIDS center, community centers, etc.), highlights of activities (including violations of environmental and/or social requirements observed, actions taken), reports to environmental and/or social specialist/construction/site management; and
  3. community liaison person(s): days worked (hours community center open), number of people met, highlights of activities (issues raised, etc.), reports to environmental and/or social specialist /construction/site management.
          1. Grievances: list new grievances (e.g., number of allegations of SEA and SH) received in the reporting period and number of unresolved past grievances by date received, complainant’s age and sex, how received, to whom referred to for action, resolution and date (if completed), data resolution reported to complainant, any required follow-up (Cross-reference other sections as needed):
  1. Worker grievances;
  2. Community grievances
          1. Traffic, road safety and vehicles/equipment:
  1. traffic and road safety incidents and accidents involving project vehicles & equipment: provide date, location, damage, cause, follow-up;
  2. traffic and road safety incidents and accidents involving non-project vehicles or property (also reported under immediate metrics): provide date, location, damage, cause, follow-up;
  3. overall condition of vehicles/equipment (subjective judgment by environmentalist); non-routine repairs and maintenance needed to improve safety and/or environmental performance (to control smoke, etc.).
          1. Environmental mitigations and issues (what has been done):
  1. erosion control: controls implemented by location, status of water crossings, environmentalist inspections and results, actions taken to resolve issues, emergency repairs needed to control erosion/sedimentation;
  2. spill clean-ups, if any:  material spilled, location, amount, actions taken, material disposal (report all spills that result in water or soil contamination;
  3. waste management: types and quantities generated and managed, including amount taken offsite (and by whom) or reused/recycled/disposed on-site;
  4. details of tree plantings and other mitigations required undertaken in the reporting period;
          1. compliance:
  1. compliance status for conditions of all relevant consents/permits, for the Work, etc.): statement of compliance or listing of issues and actions taken (or to be taken) to reach compliance;
  2. compliance status of C-ESMP/ESIP requirements: statement of compliance or listing of issues and actions taken (or to be taken) to reach compliance
  3. compliance status of SEA and SH prevention and response action plan: statement of compliance or listing of issues and actions taken (or to be taken) to reach compliance
  4. compliance status of Health and Safety Management Plan re: statement of compliance or listing of issues and actions taken (or to be taken) to reach compliance
  5. other unresolved issues from previous reporting periods related to environmental and social: continued violations, continued failure of equipment, continued lack of vehicle covers, spills not dealt with, continued compensation or blasting issues, etc.  Cross-reference other sections as needed.

 

 

 

APPENDIX D

Sexual Exploitation and Abuse (SEA) and/or Sexual Harassment (SH) Performance Declaration for Subcontractors

 

[The following table shall be filled in by each subcontractor proposed by the Contractor, that was not named in the Contract]

Subcontractor’s Name: [insert full name]
Date: [insert day, month, year]
Contract reference [insert contract reference]
Page [insert page number] of [insert total number] pages
 

SEA and/or SH Declaration

 

We:

¨  (a) have not been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations.

¨  (b) are subject to disqualification by the Bank for non-compliance with SEA/ SH obligations.

¨  (c) had been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations. An arbitral award on the disqualification case has been made in our favor.

 

[If (c) above is applicable, attach evidence of an arbitral award reversing the findings on the issues underlying the disqualification.]

 

Name of the Subcontractor                                                         

Name of the person duly authorized to sign on behalf of the Subcontractor _______

Title of the person signing on behalf of the Subcontractor                                                                                               ______________________

Signature of the person named above                                                                                               ______________________

Date signed ________________________________ day of ___________________, _____

Countersignature of authorized representative of the Contractor:

Signature: ________________________________________________________

Date signed ________________________________ day of ___________________, _____

 

Section IX - Particular Conditions of Contract

 

The following Particular Conditions of Contract shall supplement the General Conditions of Contract in Section VIII. Whenever there is a conflict, the provisions herein shall prevail over those in the General Conditions.

 

 

Particular Conditions of Contract (PCC)

The following Particular Conditions (PCC) shall supplement the General Conditions (GCC).  Whenever there is a conflict, the provisions herein shall prevail over those in the GCC.  The clause number of the PCC is the corresponding clause number of the GCC.

PCC 1. Definitions

The Employer is:  Eswatini Electricity Company

The Project Manager is: Mr. Senzo Shongwe

The Bank is: World Bank

Country of Origin: all countries and territories as indicated in Section V of the bidding document, Eligible Countries.

PCC 5. Law and Language

PCC 5.1      The Contract shall be interpreted in accordance with the laws of: Kingdom of Eswatini

PCC 5.2      The ruling language is: English

PCC 5.3      The language for communications is: English

PCC 7. Scope of Facilities [Spare Parts] (GCC Clause 7)

PCC 7.3      The Contractor agrees to supply spare parts for a period of years: five (5) years

Addition to PCC 7.3

The Contractor shall carry sufficient inventories to ensure an ex-stock supply of consumable spares for the Plant. Other spare parts and components shall be supplied as promptly as possible, but at the most within six (6) months of placing the order and opening the letter of credit.  In addition, in the event of termination of the production of spare parts, advance notification will be made to the Employer of the pending termination, with sufficient time to permit the Employer to procure the needed requirement.  Following such termination, the Contractor will furnish to the extent possible and at no cost to the Employer the blueprints, drawings and specifications of the spare parts, if requested.

PCC 8. Time for Commencement and Completion

PCC 8.1      The Contractor shall commence work on the Facilities within 15 (fifteen) calendar days from the Effective Date for determining Time for Completion as specified in the Contract Agreement.

PCC 8.2      The Time for Completion of the whole of the Facilities shall be Six (6) months from the Effective Date as described in the Contract Agreement.

PCC 9. Contractor’s Responsibilities

PCC 9.8      The following sustainable procurement contractual provisions apply:

  • The 11kV auto recloser must utilize vacuum interruption and be insulated with solid dielectrics.
  • The use of SF (Sulfur Hexafluoride) gas or insulating oils is strictly prohibited to minimize global warming potential and eliminate hazardous leaks.
  • The recloser manufacturing process shall be comply with the standard ISO 9001, Quality Management System.
  • The Recloser packaging material shall be recyclable.
  • The recloser shall be almost maintenance free throughout its life expectancy.

PCC 11. Contract Price

PCC 11.2    The Contract Price shall be a firm lump sum.

PCC 12. Terms of Payment

PCC 12.5   An amount equivalent to 2% of the Contract price.

PCC 13. Securities

PCC 13.3.1 The amount of Performance Security, as a percentage of the Contract Price for the Facility or for the part of the Facility for which a separate Time for Completion is provided, shall be: Ten (10%) of the Total Contract Price.

PCC 13.3.2 The Performance Security shall be in the form of the Bank Guarantee attached hereto in Section X, Contract Forms.

The Performance Security shall be issued by any registered "A" class commercial Bank in Kingdom of Eswatini, or a Foreign Bank. If Performance Security will be issued by a Foreign Bank, it shall be counter guaranteed by any registered "A" class commercial Bank in Kingdom of Eswatini. The performance security as required by the clause 13.3.1 above shall be valid for period covering entire contract execution period and any extension thereof plus defect liability period plus three months.

PCC 13.3.3 The Performance Security shall not be reduced on the date of the Operational Acceptance.

PCC 13.3.3 The Performance Security shall be reduced to ten percent (10%) of the value of the component covered by the extended defect liability to cover the Contractor’s extended defect liability in accordance with the provision in the PCC, pursuant to GCC Sub-Clause 27.10. 

PCC 15. License/Use of Technical Information

PCC 15.2 Add the following as second paragraph:

The Employer shall have the right to reproduce any or all drawings, documents and other materials furnished to the Employer for the purpose of the Contract and in addition, if required, for operation and maintenance.

PCC 18. Progress Report

PCC 18.3   Progress reports shall include status of compliance to cyber security risks management, and any foreseeable cyber security risk and mitigation.

Potential and occurred cyber security incidents are to be immediately reported

PCC 21. Procurement

PCC 21.3.2 Add the following to the clause:

The Employer shall in no way be responsible for the condition of road and access.

PCC 22 Installation

PCC22.2.5 Working Hours

Normal working hours are: 0800hrs to 1700hrs (Monday to Friday)

PCC 22.2.8 Funeral Arrangements: as specified in the GCC.

PCC 23. Tests and Inspection

PCC 23.2 Supplement GCC 23.2 with the following:

For tests / inspections and training, the Contractor will arrange and pay for the visa fee, accommodation in the international and local travel of two (02) representatives of the employer i.e. - air tickets; local transport; accommodation.

PCC 23.3 Supplement GCC 23.3 with the following:

The Contractor shall furnish the Project Manager with the details of the program of the tests and/or inspection and of the place and time thereof at least two (2) weeks in advance in case of domestic supplies & six (6) weeks in advance in case of foreign supplies.

PCC 23.4 Supplement GCC 23.3 with the following:

The Contractor shall provide the Project Manager with a certified report of the results of any such test and/or inspection within fifteen (15) days after completion of tests.

PCC 23.6 Add the following at the end of GCC 23.6:

All costs incurred by the Employer including all travelling and board and lodging expenses by the repetition of the tests or false call for tests shall be borne by the Contractor pursuant to GCC Sub-Clause 23.2. Any delay in delivery due to retest or false call shall not constitute a release of the Contractor from his responsibilities for delay.

PCC 25. Commissioning and Operational Acceptance

PCC 25.2.2 The Guarantee Test of the Facilities shall be successfully completed within one (1) month from the date of Completion.

PCC 25.3.1(e) Add the following new sub-clause:

Three (3) sets of as built drawings, operating and maintenance manuals and USB drives etc.

PCC 26. Completion Time Guarantee

PCC 26.2

Applicable rate for liquidated damages: 1% per week

The above rate applies to the price of the part of the Facilities, as quoted in the Price Schedule, for that part for which the Contractor fails to achieve Completion within the particular Time for Completion. 

Maximum deduction for liquidated damages: 10% of the Contract Price

PCC 26.3    Applicable (amount or rate) for the bonus for early Completion:

Maximum bonus: N/A

PCC 26.3    No bonus will be given for earlier Completion of the Facilities or part thereof.

PCC 27. Defect Liability

PCC 27.10  The critical components covered under the extended defect liability are None.

PCC 30. Limitation of Liability

PCC 30.1 (b) The multiplier of the Contract Price is: one (1)

PCC 39. Value Engineering

PCC 39.1.2 If the value engineering proposal is approved by the Employer the amount to be paid to the Contractor shall be 50 % of the reduction in the Contract Price

PCC 39.2.1

(f) A “Change Proposal,” which shall include the following:

  • Effect on the Resource mobilization schedule
  • Effect on Risk Register
  • Effect on the payment schedule.

The Contractor shall implement and maintain appropriate administrative, technical, and physical safeguards to protect the Telecoms network, SCADA system, associated networks, software, hardware, and operational technology assets from unauthorized access, misuse, alteration, disruption, destruction, or disclosure.

PCC46. Disputes and Arbitration

PCC 46.1    The DB shall be appointed within 30 days after a dispute has been declared by either party of the Contract Agreement PCC 46.1

The DB shall be: comprised of one (1) person, who is fluent in the English language and shall be a professional experienced in the type of activities involved in the performance of the Contract and with the interpretation of contractual documents. The potential member is an independent and neutral with no interest in the Contract.

 

PCC 46.1 List of potential DB members:

List of arbitrators of the Association of Arbitrators (Southern Africa) (to be defined at contract signing).

Proposed by Contractor [Attach CVs to the Contract]

List of arbitrators of the Association of Arbitrators (Southern Africa) (to be defined at contract signing).

 

PCC 46.2 Appointment (if not agreed) to be made by: Association of Arbitrators (Southern Africa)

PCC 46.5    Procedure to settle disputes in respect of which DB’s decision (if any) has not become final and binding shall be finally settled by arbitration:

Rules of arbitration

GCC Sub-Clause 46.5(a): For a Foreign Contractor, the dispute shall be finally settled under the Rules of the Rules of the Conduct of Arbitrations (5th Edition 2005) of the Association of Arbitrators (Southern Africa); by one or three arbitrators appointed in accordance with these Rules. The place of arbitration shall be the neutral location agreed by both parties.

 

GCC Sub-Clause 46.5 (b): For a local Contractor, the dispute shall be finally settled under the Rules of the Rules of the Conduct of Arbitrations (5th Edition 2005) of the Association of Arbitrators (Southern Africa) within the context of the Law of Eswatini; by one or three arbitrators appointed in accordance with these Rules. The place of arbitration shall be in Eswatini.

PCC 47.

PCC 47.1- The Contractor shall comply with the following Cyber security requirements:

1. Comply with IEC 62443 (Industrial Automation and Control Systems cybersecurity).

2. Support IEC 62351 security measures for power system communications, including secure DNP3 communications where applicable.

3. Meet the cybersecurity capability requirements of IEEE 1686 for Intelligent Electronic Devices (IEDs).

 

Section X - Contract Forms

Table of Forms

Notification of Intention to Award. 298

Letter of Acceptance. 305

Contract Agreement 306

Appendix 1.  Terms and Procedures of Payment 310

Appendix 2.  Price Adjustment 313

Appendix 3.  Insurance Requirements. 315

Appendix 4.  Time Schedule. 318

Appendix 5.  List of Major Items of Plant and Installation Services and List of Approved Subcontractors. 319

Appendix 6.  Scope of Works and Supply by the Employer 320

Appendix 7.  List of Documents for Approval or Review.. 321

Appendix 8.  Functional Guarantees. 322

Performance Security Form– Bank Guarantee. 324

Performance Security Form- Conditional Bank Guarantee. 327

Advance Payment Security. 329

 

Notification of Intention to Award

 

[This Notification of Intention to Award shall be sent to each Bidder that submitted a Bid, unless the Bidder has previously received notice of exclusion from the process at an interim stage of the procurement process]

[Send this Notification to the Bidder’s Authorized Representative named in the Bidder Information Form]

For the attention of Bidder’s Authorized Representative

Name: [insert Authorized Representative’s name]

Address: [insert Authorized Representative’s Address]

Telephone/Fax numbers: [insert Authorized Representative’s telephone/fax numbers]

Email Address: [insert Authorized Representative’s email address]

[IMPORTANT: insert the date that this Notification is transmitted to all participating Bidders. The Notification must be sent to all Bidders simultaneously. This means on the same date and as close to the same time as possible.] 

DATE OF TRANSMISSION: This Notification is sent by: [email/fax] on [date] (local time)

Notification of Intention to Award

Employer: [insert the name of the Employer]

Project: [insert name of project]

Contract title: [insert the name of the contract]

Country: [insert country where RFB is issued]

Loan No. /Credit No. / Grant No.: [insert reference number for loan/credit/grant]

RFB No: [insert RFB reference number from Procurement Plan]

This Notification of Intention to Award (Notification) notifies you of our decision to award the above contract. The transmission of this Notification begins the Standstill Period. During the Standstill Period, you may:

  1. request a debriefing in relation to the evaluation of your Bid, and/or
  2. submit a Procurement-related Complaint in relation to the decision to award the contract.
  1. The successful Bidder

Name:

[insert name of successful Bidder]

Address:

[insert address of the successful Bidder]

Contract price:

[insert contract price of the successful Bid]

Total combined score:

[insert the total combined score of the successful Bidder]

  1. Other Bidders [INSTRUCTIONS: insert names of all Bidders that submitted a Bid, Bid prices as read out and evaluated, technical scores and  combined scores.]

Name of Bidder

Technical Score

Bid Price

Evaluated Bid Cost

Combined Score

[insert name]

[insert Technical score]

[insert Bid price]

[insert evaluated cost]

[insert combined score]

[insert name]

[insert Technical score]

[insert Bid price]

[insert evaluated cost]

[insert combined score]

[insert name]

[insert Technical score]

[insert Bid price]

[insert evaluated cost]

[insert combined score]

[insert name]

[insert Technical score]

[insert Bid price]

[insert evaluated cost]

[insert combined score]

[insert name]

[insert Technical score]

[insert Bid price]

[insert evaluated cost]

[insert combined score]

  1. Reason/s why your Bid was unsuccessful[Delete if the combined score already reveals the reason]

[INSTRUCTIONS: State the reason/s why this Bidder’s Bid was unsuccessful. Do NOT include: (a) a point by point comparison with another Bidder’s Bid or (b) information that is marked confidential by the Bidder in its Bid.]

  1. How to request a debriefing

DEADLINE: The deadline to request a debriefing expires at midnight on [insert date] (local time).

You may request a debriefing in relation to the results of the evaluation of your Bid. If you decide to request a debriefing, your written request must be made within three (3) Business Days of receipt of this Notification of Intention to Award.

Provide the contract name, reference number, name of the Bidder, contact details; and address the request for debriefing as follows:

Attention: [insert full name of person, if applicable]

Title/position: [insert title/position]

Agency: [insert name of Employer]

Email address: [insert email address]

Fax number: [insert fax number] delete if not used

If your request for a debriefing is received within the 3 Business Days deadline, we will provide the debriefing within five (5) Business Days of receipt of your request. If we are unable to provide the debriefing within this period, the Standstill Period shall be extended by five (5) Business Days after the date that the debriefing is provided. If this happens, we will notify you and confirm the date that the extended Standstill Period will end.

The debriefing may be in writing, by phone, video conference call or in person. We shall promptly advise you in writing how the debriefing will take place and confirm the date and time.

If the deadline to request a debriefing has expired, you may still request a debriefing. In this case, we will provide the debriefing as soon as practicable, and normally no later than fifteen (15) Business Days from the date of publication of the Contract Award Notice.

  1. How to make a complaint

DEADLINE::  The deadline for submitting a Procurement-related Complaint challenging the decision to award the contract expires on midnight, [insert date] (local time).

Provide the contract name, reference number, name of the Bidder, contact details; and address the Procurement-related Complaint as follows:

Attention: [insert full name of person, if applicable]

Title/position: [insert title/position]

Agency: [insert name of Employer]

Email address: [insert email address]

Fax number: [insert fax number] delete if not used

At this point in the procurement process, you may submit a Procurement-related Complaint challenging the decision to award the contract. You do not need to have requested, or received, a debriefing before making this complaint. Your complaint must be submitted within the Standstill Period and received by us before the Standstill Period ends.

Further information:

For more information see the Procurement Regulations for IPF Borrowers (Procurement Regulations) (Annex III). You should read these provisions before preparing and submitting your complaint. In addition, the World Bank’s Guidance “How to make a Procurement-related Complaint” provides a useful explanation of the process, as well as a sample letter of complaint.

In summary, there are four essential requirements:

  1. You must be an ‘interested party’. In this case, that means a Bidder who submitted a Bid in this procurement and is the recipient of a Notification of Intention to Award.
  2. The complaint can only challenge the decision to award the contract.
  3. You must submit the complaint within the deadline stated above.
  4. You must include, in your complaint, all of the information required by the Procurement Regulations (as described in Annex III).
  1. Standstill Period

DEADLINE: The Standstill Period is due to end at midnight on [insert date] (local time).

The Standstill Period lasts ten (10) Business Days after the date of transmission of this Notification of Intention to Award.

The Standstill Period may be extended. This may happen where we are unable to provide a debriefing within the five (5) Business Day deadline. If this happens we will notify you of the extension

If you have any questions regarding this Notification please do not hesitate to contact us.

On behalf of the Employer:

Signature:        ______________________________________________

Name:               ______________________________________________

Title/position: ______________________________________________

Telephone:       ______________________________________________

Email:              ______________________________________________

 

 

 

 

INSTRUCTIONS TO BIDDERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED THE FORM

 

This Beneficial Ownership Disclosure Form (“Form”) is to be completed by the successful Bidder.  In case of joint venture, the Bidder must submit a separate Form for each member.  The beneficial ownership information to be submitted in this Form shall be current as of the date of its submission.

 

For the purposes of this Form, a Beneficial Owner of a Bidder is any natural person who ultimately owns or controls the Bidder by meeting one or more of the following conditions:

  • directly or indirectly holding 25% or more of the shares
  • directly or indirectly holding 25% or more of the voting rights
  • directly or indirectly having the right to appoint a majority of the board of directors or equivalent governing body of the Bidder


Beneficial Ownership Disclosure Form

 

 

RFB No.: [insert number of RFB process]

Request for Bid No.: [insert identification]

 

To: [insert complete name of Employer]

 

In response to your request in the Letter of Acceptance dated [insert date of letter of Acceptance] to furnish additional information on beneficial ownership: [select one option as applicable and delete the options that are not applicable]

 

(i) we hereby provide the following beneficial ownership information. 

 

Details of beneficial ownership

Identity of Beneficial Owner

 

Directly or indirectly holding 25% or more of the shares

(Yes / No)

 

Directly or indirectly holding 25 % or more of the Voting Rights

(Yes / No)

 

Directly or indirectly having the right to appoint a majority of the board of the directors or an equivalent governing body of the Bidder

(Yes / No)

[include full name (last, middle, first), nationality, country of residence]

 

 

 

 

OR

 

(ii) We declare that there is no Beneficial Owner meeting one or more of the following conditions:

 

OR

 

(iii) We declare that we are unable to identify any Beneficial Owner meeting one or more of the following conditions. [If this option is selected, the Bidder shall provide explanation on why it is unable to identify any Beneficial Owner]

 

Name of the Bidder: *[insert complete name of the Bidder]_________

 

Name of the person duly authorized to sign the Bid on behalf of the Bidder: **[insert complete name of person duly authorized to sign the Bid]___________

 

Title of the person signing the Bid: [insert complete title of the person signing the Bid]______

 

Signature of the person named above: [insert signature of person whose name and capacity are shown above]_____

 

Date signed [insert date of signing] day of [insert month], [insert year]_____

 

 

 

 

* In the case of the Bid submitted by a Joint Venture specify the name of the Joint Venture as Bidder. In the event that the Bidder is a joint venture, each reference to “Bidder” in the Beneficial Ownership Disclosure Form (including this Introduction thereto) shall be read to refer to the joint venture member.

** Person signing the Bid shall have the power of attorney given by the Bidder. The power of attorney shall be attached with the Bid Schedules.

 

 

 

 

Letter of Acceptance

______________________

To:  ____________________________

 

This is to notify you that your Bid dated ____________ for execution of the _________________ for the Contract Price in the aggregate of _____________________ ________________, as corrected and modified in accordance with the Instructions to Bidders is hereby accepted by our Agency.

 

You are requested to furnish (i) the Performance Security within 28 days in accordance with the Conditions of Contract, using for that purpose one of the Performance Security Forms and (ii) the additional information on beneficial ownership in accordance with ITB 46.1, within eight (8) Business days using the Beneficial Ownership Disclosure Form, included in Section X, - Contract Forms, of the bidding document.

 

 

 

Authorized Signature:                                                                                                                                            

Name and Title of Signatory:                                                                                                                                            

Name of Agency:                                                                                                                                            

 

Attachment:  Contract Agreement

 

 

Contract Agreement

THIS AGREEMENT is made the ________ day of ________________________, _____,

BETWEEN

 

(1)Eswatini Electricity Company a corporation incorporated under the laws of the kingdom of Eswatini and having its principal place of business at Eluvatsini house, Mhlambanyatsi Road Mbabane, Eswatini  (hereinafter called “the Employer”), and (2) ______________________, a corporation incorporated under the laws of ________________________ and having its principal place of business at ________________________ (hereinafter called “the Contractor”).

 

WHEREAS the Employer desires to engage the Contractor to design, manufacture, test, deliver, install, complete and commission certain Facilities, viz. Design Supply and Installation of 11kV auto reclosers under the Accelerating Sustainable and Clean Energy Access Transformation (ASCENT) Project (“the Facilities”), and the Contractor has agreed to such engagement upon and subject to the terms and conditions hereinafter appearing.

 

NOW IT IS HEREBY AGREED as follows:

 

Article 1.  Contract Documents

1.1    Contract Documents (Reference GCC Clause 2)

The following documents shall constitute the Contract between the Employer and the Contractor, and each shall be read and construed as an integral part of the Contract:

(a)    This Contract Agreement and the Appendices hereto

(b)    Letter of Bid and Price Schedules submitted by the Contractor

(c)    Particular Conditions

(d)    General Conditions

(e)    Specification

(f)     Drawings

(g)    Other completed Bidding forms submitted with the Bid

(h)    Any other documents forming part of the Employer’s Requirements

(i)    Any other documents forming part of the contract, including, but not limited to:

      1. the ES Management Strategies and Implementation Plans; and
      2. Code of Conduct for Contractor’s Personnel (ES).
      3. The SEA/SH prevention and Response Plan
      4. Project ESMF
      5. Project Labour Management

1.2    Order of Precedence (Reference GCC Clause 2)

In the event of any ambiguity or conflict between the Contract Documents listed above, the order of precedence shall be the order in which the Contract Documents are listed in Article 1.1 (Contract Documents) above.

1.3    Definitions (Reference GCC Clause 1)

Capitalized words and phrases used herein shall have the same meanings as are ascribed to them in the General Conditions.

Article 2.  Contract Price and Terms of Payment

2.1    Contract Price (Reference GCC Clause 11)

The Employer hereby agrees to pay to the Contractor the Contract Price in consideration of the performance by the Contractor of its obligations hereunder.  The Contract Price shall be the aggregate of:  __________________, _______________ as specified in Price Schedule No. 5 (Grand Summary), and_______________, _________________, or such other sums as may be determined in accordance with the terms and conditions of the Contract.

2.2    Terms of Payment (Reference GCC Clause 12)

The terms and procedures of payment according to which the Employer will reimburse the Contractor are given in the Appendix (Terms and Procedures of Payment) hereto.

The Employer will not instruct its bank to issue an irrevocable confirmed documentary credit made available to the Contractor in a bank in the country of the Contractor. The credit shall be for an amount of $0.00 and shall be subject to the Uniform Customs and Practice for Documentary Credits 2007 Revision, ICC Publication No. 600.

In the event that the amount payable under Schedule No. 1 is adjusted in accordance with GCC 11.2 or with any of the other terms of the Contract, the Employer shall arrange for the documentary credit to be amended accordingly.

 

Article 3.  Effective Date

3.1    Effective Date (Reference GCC Clause 1)

The Effective Date from which the Time for Completion of the Facilities shall be counted is the date when all of the following conditions have been fulfilled:

(a)    This Contract Agreement has been duly executed for and on behalf of the Employer and the Contractor;

(b)    The Contractor has submitted to the Employer the Performance Security and the advance payment guarantee;

(c)    The Employer has paid the Contractor the advance payment;

(f) Individual Letters from key personnel confirming availability

Each party shall use its best efforts to fulfill the above conditions for which it is responsible as soon as practicable.

3.2    If the conditions listed under 3.1 are not fulfilled within two (2) months from the date of this Contract notification because of reasons not attributable to the Contractor, the Parties shall discuss and agree on an equitable adjustment to the Contract Price and the Time for Completion and/or other relevant conditions of the Contract.

Article 4.  Communications

4.1    The address of the Employer for notice purposes, pursuant to GCC 4.1 is: ______________________.

    1. The address of the Contractor for notice purposes, pursuant to GCC 4.1 is: ________________________.

Article 5.  Appendices

5.1    The Appendices listed in the attached List of Appendices shall be deemed to form an integral part of this Contract Agreement.

    1. Reference in the Contract to any Appendix shall mean the Appendices attached hereto, and the Contract shall be read and construed accordingly.

 

IN WITNESS WHEREOF the Employer and the Contractor have caused this Agreement to be duly executed by their duly authorized representatives the day and year first above written.

 

Signed by, for and on behalf of the Employer

 

 

                                                                                                                       

[Signature]

 

                                                                                                                       

[Title]

 

in the presence of                                                                                           

 

 

Signed by, for and on behalf of the Contractor

 

 

                                                                                                                       

[Signature]

 

                                                                                                                       

[Title]

 

in the presence of                                                                                           

 

 

APPENDICES

 

Appendix 1     Terms and Procedures of Payment

Appendix 2     Price Adjustment

Appendix 3     Insurance Requirements

Appendix 4     Time Schedule

Appendix 5     List of Major Items of Plant and Installation Services and List of Approved Subcontractors

Appendix 6     Scope of Works and Supply by the Employer

Appendix 7     List of Documents for Approval or Review

Appendix 8     Functional Guarantees

 

 

 

Appendix 1.  Terms and Procedures of Payment

In accordance with the provisions of GCC Clause 12 (Terms of Payment), the Employer shall pay the Contractor in the following manner and at the following times, on the basis of the Price Breakdown given in the section on Price Schedules.  Payments will be made in the currencies quoted by the Bidder unless otherwise agreed between the Parties.  Applications for payment in respect of part deliveries may be made by the Contractor as work proceeds.

 

TERMS OF PAYMENT

 

Schedule No. 1.  Plant and Equipment Supplied from Abroad

In respect of plant and equipment supplied from abroad, the following payments shall be made:

Ten percent (10%) of the total CIP amount as an advance payment against receipt of invoice and an irrevocable advance payment security for the equivalent amount made out in favor of the Employer.  The advance payment security may be reduced in proportion to the value of the plant and equipment delivered to the site, as evidenced by shipping and delivery documents.

Eighty percent (80%) of the total or pro rata CIP amount upon Incoterm “CIP”, upon delivery to the site within forty-five (45) days after receipt of documents.

Five percent (5%) of the total or pro rata CIP amount upon issue of the Completion Certificate, within forty-five (45) days after receipt of invoice.

Five percent (5%) of the total or pro rata CIP amount upon issue of the Operational Acceptance Certificate, within forty-five (45) days after receipt of invoice.

Schedule No. 2.  Plant and Equipment Supplied from within the Employer’s Country

In respect of plant and equipment supplied from within the Employer’s Country, the following payments shall be made:

Ten percent (10%) of the total EXW amount as an advance payment against receipt of invoice, and an irrevocable advance payment security for the equivalent amount made out in favor of the Employer.  The advance payment security may be reduced in proportion to the value of the plant and equipment delivered to the site, as evidenced by shipping and delivery documents.

Eighty percent (80%) of the total or pro rata EXW amount upon Incoterm “Ex-Works,” upon delivery to the site within forty-five (45) days after receipt of invoice and documents.

Five percent (5%) of the total or pro rata EXW amount upon issue of the Completion Certificate, within forty-five (45) days after receipt of invoice.

Five percent (5%) of the total or pro rata EXW amount upon issue of the Operational Acceptance Certificate, within forty-five (45) days after receipt of invoice.

Schedule No. 3.  Design Services

In respect of design services for both the foreign currency and the local currency portions, the following payments shall be made:

Ten percent (10%) of the total design services amount as an advance payment against receipt of invoice, and an irrevocable advance payment security for the equivalent amount made out in favor of the Employer. 

Ninety percent (90%) of the total or pro rata design services amount upon acceptance of design in accordance with GCC Clause 20 by the Project Manager within forty-five (45) days after receipt of invoice.

Schedule No. 4.  Installation Services

In respect of installation services for both the foreign and local currency portions, the following payments shall be made:

Ten percent (10%) of the total installation services amount as an advance payment against receipt of invoice, and an irrevocable advance payment security for the equivalent amount made out in favor of the Employer.  The advance payment security may be reduced in proportion to the value of work performed by the Contractor as evidenced by the invoices for installation services.

Eighty percent (80%) of the measured value of work performed by the Contractor, as identified in the said Program of Performance, during the preceding month, as evidenced by the Employer’s authorization of the Contractor’s application, will be made monthly within forty-five (45) days after receipt of invoice.

Five percent (5%) of the total or pro rata value of installation services performed by the Contractor as evidenced by the Employer’s authorization of the Contractor’s monthly applications, upon issue of the Completion Certificate, within forty-five (45) days after receipt of invoice.

Five percent (5%) of the total or pro rata value of installation services performed by the Contractor as evidenced by the Employer’s authorization of the Contractor’s monthly applications, upon issue of the Operational Acceptance Certificate, within forty-five (45) days after receipt of invoice.

In the event that the Employer fails to make any payment on its respective due date, the Employer shall pay to the Contractor interest on the amount of such delayed payment at the rate of for local currency/CMA (lending Rate at Central Bank of Eswatini plus 1%) ÷12 and “for USD, the (Secured Overnight Financing Rate (SOFR) plus 1%) ÷12  ; for Euro,( EURIBOR plus 1%) ÷12; per month for period of delay until payment has been made in full.

 

PAYMENT PROCEDURES

 

The procedures to be followed in applying for certification and making payments shall be as follows:

The Contractor should submit invoice outlining the pay items covering the pro rata value of Supply/Work Done along with the submission of the following documents to the Project Manager:

      1. For Supply:
  2. Three (3) copies of Contractor’s invoice certified by the Employer showing contract no., description of goods, quantity, unit price and total amount.
  3. Payment Authorization as per the specified format duly signed by the authorized official (s), designated by the Employer to operate the Line of Credit.
  4. Original and Six (6) copies of negotiable, clean, on-board bill of lading marked freight prepaid / Lorry Receipt and 6 copies of non-negotiable bill of lading / Lorry Receipt.
  5. Three (3) copies of Detailed Packing list identifying contents of each package.
  6. Insurance Policy/Certificate.
  7. Manufacturer’s / Supplier’s Warranty Certificate.
  8. Dispatch authorization issued by the employer with the factory inspection report.
  9. Certificate of origin.
      1. For Design Services and Installation Services:
  1. All Payments for the works in part or full shall be based upon measurements or otherwise as per the Contract. After excavation before filling the trench/holes, the Contractor shall take and record measurements in presence of the authorized representatives of the Employer.
  2. The Value of work executed shall be determined by the Employer. The Value of work executed shall comprise the value of the quantities of the items in the Price Bid.
  3. The Contractor seeking any payment shall submit to the Employer an Invoice with bills with the relevant approved measurement certificates and other requisite documents, duly signed by the site representatives of the Employer. The Employer will then verify the bills and approve for release of payment.

 

 

 

Appendix 2.  Price Adjustment (Not Applicable)

The prices are to remain firm and fixed for the duration of the Contract.

 

 

Appendix 3.  Insurance Requirements

Insurances to be Taken Out by the Contractor

In accordance with the provisions of GCC Clause 34, the Contractor shall at its expense take out and maintain in effect, or cause to be taken out and maintained in effect, during the performance of the Contract, the insurances set forth below in the sums and with the deductibles and other conditions specified.  The identity of the insurers and the form of the policies shall be subject to the approval of the Employer, such approval not to be unreasonably withheld.

(a)    Cargo Insurance

Covering loss or damage occurring, while in transit from the supplier’s or manufacturer’s works or stores until arrival at the Site, to the Facilities (including spare parts therefor) and to the construction equipment to be provided by the Contractor or its Subcontractors.

Amount

Deductible limits

Parties Insured

From

To

110% of the Contract Price

NIL

Employer, Contractor

Manufacturer’s   Works

Site

 

(b)    Installation All Risks Insurance

Covering physical loss or damage to the Facilities at the Site, occurring prior to completion of the Facilities, with an extended maintenance coverage for the Contractor’s liability in respect of any loss or damage occurring during the defect liability period while the Contractor is on the Site for the purpose of performing its obligations during the defect liability period.

 

Amount

Deductible limits

Parties Insured

From

To

110% of the Contract Price

NIL

Employer, Contractor, and Subcontractor  (if any)

Receipt of site

Up to Defect Liability Period

 

(c)    Third Party Liability Insurance

Covering bodily injury or death suffered by third parties (including the Employer’s personnel) and loss of or damage to property (including the Employer’s property and any parts of the Facilities that have been accepted by the Employer) occurring in connection with the supply and installation of the Facilities.

Amount

Deductible limits

Parties Insured

From

To

USD 100,000 per person per occasion

NIL

Employer, Contractor, and Subcontractor  (if any)

Commencement of work

Up to Defect Liability Period

USD 10,000

NIL

Third party personnel

Commencement of work

Up to Defect Liability Period

USD 50,000

NIL

Employer’s Property

Commencement of work

Up to Defect Liability Period

 

 

(d)    Automobile Liability Insurance

Covering use of all vehicles used by the Contractor or its Subcontractors (whether or not owned by them) in connection with the supply and installation of the Facilities.  Comprehensive insurance in accordance with statutory requirements.

 

(e)    Workers’ Compensation

In accordance with the statutory requirements applicable in any country where the Facilities or any part thereof is executed.

 

(f)     Employer’s Liability

In accordance with the statutory requirements applicable in any country where the Facilities or any part thereof is executed.

 

(g)    Other Insurances

The Contractor is also required to take out and maintain at its own cost the following insurances:

Amount

Deductible limits

Parties Insured

From

To

To be indicated by the Contractor

NIL

Contractor, and Subcontractor  (if any)

Receipt of site

Up to Defect Liability Period

 

 

The Employer shall be named as co-insured under all insurance policies taken out by the Contractor pursuant to GCC Sub-Clause 34.1, except for the Third Party Liability, Workers’ Compensation and Employer’s Liability Insurances, and the Contractor’s Subcontractors shall be named as co-insureds under all insurance policies taken out by the Contractor pursuant to GCC Sub-Clause 34.1, except for the Cargo, Workers’ Compensation and Employer’s Liability Insurances.  All insurer’s rights of subrogation against such co-insureds for losses or claims arising out of the performance of the Contract shall be waived under such policies.

 

Insurances To Be Taken Out By The Employer

 

The Employer shall at its expense take out and maintain in effect during the performance of the Contract the following insurances.

 

Details:

NIL

 

 

Appendix 4.  Time Schedule

4.1 Description of Facilities:

Name of Facilities

Completion Time required by the Employer from the Effective Date

Completion date guaranteed by the Bidder from the effective date

Design, Supply and installation of 11kV auto-reclosers

 

 

Six (6) Months

 

 

 

4.2 The activities under the Contractor’s program for Project Completion shall be in the form of a master network (MNW) and shall identify the various activities like design, engineering, manufacturing, supply, installation, factory testing, transportation to site, site testing and commissioning, trial operation and taking over etc. of the facilities or specific part thereof (where specific parts are specified in PCC). The network shall conform to the above Project Completion Schedule. This master network will be discussed and agreed before Kick-off meeting in line with the above. The detailed network(s) and project implementation plans & programs shall preferably be prepared in Primavera or in MS Project or in the latest Project Management tool as convenient to the Employer and shall form part of the contract.

4.3 The Employer reserves the right to request minor changes in the work schedule at the time of Award of Contract to the successful Bidder.

 

 

Appendix 5.  List of Major Items of Plant and Installation Services and List of Approved Subcontractors

A list of major items of Plant and Installation Services is provided below.

 

The following Subcontractors and/or manufacturers are approved for carrying out the items of the Facilities indicated below.  Where more than one Subcontractor is listed, the Contractor is free to choose between them, but it must notify the Employer of its choice in good time prior to appointing any selected Subcontractor.  In accordance with GCC Sub-Clause 19.1, the Contractor is free to submit proposals for Subcontractors for additional items from time to time.  No Subcontracts shall be placed with any such Subcontractors for additional items until the Subcontractors have been approved in writing by the Employer and their names have been added to this list of Approved Subcontractors.

 

 

Major Items of Plant and Installation Services

Approved Subcontractors/Manufacturers

Nationality

 

 

 

 

 

 

 

 

 

 

 

Appendix 6.  Scope of Works and Supply by the Employer

The following personnel, facilities, works and supplies will be provided/supplied by the Employer, and the provisions of GCC Clauses 10, 21 and 24 shall apply as appropriate. All personnel, facilities, works and supplies will be provided by the Employer in good time so as not to delay the performance of the Contractor, in accordance with the approved Time Schedule and Program of Performance pursuant to GCC Sub-Clause 18.2.

Unless otherwise indicated, all personnel, facilities, works and supplies will be provided free of charge to the Contractor.

Personnel

Charge to Contractor (if any)

  • Operational staff for witnessing works, arranging outages and supervision during network outages.

None

Facilities

Charge to Contractor (if any)

None

None

Works

Charge to Contractor (if any)

  • Dismantling of existing 11 kV infrastructure at all 13 sites
  • Dismantling of existing 11 kV infrastructure at all 13 sites                                            

None

Supplies

Charge to Contractor (if any)

  • 4 D10/11 poles per site and corresponding steel cross arms
  • 13 x 16KVA 11/0.23kV transformers and corresponding MV surge arrestors, LV MCB in pole mounted box
  • Supply of Camo earthing conductor, clamps, spikes, lugs and conductive cement for all 13 sites

 

None

 

 

 

Appendix 7.  List of Documents for Approval or Review

 

Pursuant to GCC Sub-Clause 20.3.1, the Contractor shall prepare, or cause its Subcontractor to prepare, and present to the Project Manager in accordance with the requirements of GCC Sub-Clause 18.2 (Program of Performance), the following documents for

 

A.     Approval

 

B.     Review

 

 

Appendix 8.  Functional Guarantees

1.      General

This Appendix sets out

(a)    the functional guarantees referred to in GCC Clause 28 (Functional Guarantees)

(b)    the preconditions to the validity of the functional guarantees, either in production and/or consumption, set forth below

(c)    the minimum level of the functional guarantees

(d)    the formula for calculation of liquidated damages for failure to attain the functional guarantees.

2.      Preconditions

The Contractor gives the functional guarantees (specified herein) for the facilities, subject to the following preconditions being fully satisfied:

____________________________________________________________________________________

3.      Functional Guarantees

Subject to compliance with the foregoing preconditions, the Contractor guarantees as follows:

3.1    Production Capacity

_____________________________________________________________________________

and/or

3.2    Raw Materials and Utilities Consumption

____________________________________________________________________________

4.      Failure in Guarantees and Liquidated Damages

4.1    Failure to Attain Guaranteed Production Capacity

If the production capacity of the facilities attained in the guarantee test, pursuant to GCC Sub-Clause 25.2, is less than the guaranteed figure specified in para. 3.1 above, but the actual production capacity attained in the guarantee test is not less than the minimum level specified in para. 4.3 below, and the Contractor elects to pay liquidated damages to the Employer in lieu of making changes, modifications and/or additions to the Facilities, pursuant to GCC Sub-Clause 28.3, then the Contractor shall pay liquidated damages at the rate of ___________________ for every complete one percent (1%) of the deficiency in the production capacity of the Facilities, or at a proportionately reduced rate for any deficiency, or part thereof, of less than a complete one percent (1%).

4.2    Raw Materials and Utilities Consumption in Excess of Guaranteed Level

__________________________________________________________________

If the actual measured figure of specified raw materials and utilities consumed per unit (or their average total cost of consumption) exceeds the guaranteed figure specified in para. 3.2 above (or their specified average total cost of consumption), but the actual consumption attained in the guarantee test, pursuant to GCC Sub-Clause 25.2, is not more than the maximum level specified in para. 4.3 below, and the Contractor elects to pay liquidated damages to the Employer in lieu of making changes, modifications and/or additions to the Facilities pursuant to GCC Sub-Clause 28.3, then the Contractor shall pay liquidated damages at the rate of [amount in the contract currency] for every complete one percent (1%) of the excess consumption of the Facilities, or part thereof, of less than a complete one percent (1%).

4.3    Minimum Levels

Notwithstanding the provisions of this paragraph, if as a result of the guarantee test(s), the following minimum levels of performance guarantees (and consumption guarantees) are not attained by the Contractor, the Contractor shall at its own cost make good any deficiencies until the Facilities reach any of such minimum performance levels, pursuant to GCC Sub-Clause 28.2:

(a)    production capacity of the Facilities attained in the guarantee test:  ninety-five percent (95%) of the guaranteed production capacity (the values offered by the Contractor in its Bid for functional guarantees represents 100%).

and/or

(b)    average total cost of consumption of all the raw materials and utilities of the Facilities:  one hundred and five percent (105%) of the guaranteed figures (the figures offered by the Contractor in its Bid for functional guarantees represents 100%).

4.4    Limitation of Liability

Subject to para. 4.3 above, the Contractor’s aggregate liability to pay liquidated damages for failure to attain the functional guarantees shall not exceed ______ percent ( ___ %) of the Contract price.

 

 

 

Performance Security Form– Bank Guarantee[18]

[Guarantor letterhead or SWIFT identifier code]

Beneficiary:   [insert name and Address of Employer]

 

Date:   _ [Insert date of issue]

PERFORMANCE GUARANTEE No.: ____[Insert guarantee reference number]

Guarantor:  [Insert name and address of place of issue, unless indicated in the letterhead]

We have been informed that ____________________ (hereinafter called “the Applicant”) has entered into Contract No. ________________dated ____________ with the Beneficiary, for the execution of ____________________________ (hereinafter called “the Contract”).

 

Furthermore, we understand that, according to the conditions of the Contract, a performance guarantee is required.

At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding in total an amount of _________________(___)[19],such sum being payable in the types and proportions of currencies in which the Contract Price is payable, upon receipt by us of the Beneficiary’s complying demand supported by the Beneficiary’s statement, whether in the demand itself or in a separate signed document accompanying or identifying the demand, stating that the Applicant is in breach of its obligation(s) under the Contract, without the Beneficiary needing to prove or to show grounds for your demand or the sum specified therein.

This guarantee shall be reduced by half upon our receipt of:

 

(a)        a copy of the Operational Acceptance Certificate; or

(b)       a registered letter from the Applicant (i) attaching a copy of its notice requesting issuance of the Operational Acceptance Certificate and (ii) stating that the Project Manager has failed to issue such Certificate within the time required or provide in writing justifiable reasons why such Certificate has not been issued, so that Operational Acceptance is deemed to have occurred.

 

This guarantee shall expire no later than the earlier of:[20]

(a)        twelve months after our receipt of either (a) or (b) above; or

(b)       eighteen months after our receipt of:

(i)        a copy of the Completion Certificate; or

(ii)       a registered letter from the Applicant, attaching a copy of the notice to the Project Manager that the Facilities are ready for commissioning, and stating that fourteen days have elapsed from receipt of such notice (or seven days have elapsed if the notice was a repeated notice) and the Project Manager has failed to issue a Completion Certificate or inform the Applicant in writing of any defects or deficiencies; or

(iii)      a registered letter from the Applicant stating that no Completion Certificate has been issued but the Employer is making use of the Facilities; or

 

(c)        the ____ day of _____, 2___.[21]

 

Consequently, any demand for payment under this guarantee must be received by us at this office on or before that date.

This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No. 758, except that the supporting statement under Article 15(a) is hereby excluded.

_____________________
[signature(s)]


 

Note:  All italicized text (including footnotes) is for use in preparing this form and shall be deleted from the final product.

 

Performance Security Form- Conditional Bank Guarantee

                                                                                                   Date:                                                                                                              

                                                                                  Loan/Credit No:                                                                                                              

                                                                                              RFB No:                                                                                                              

To: ___________________________________

 

Dear Ladies and/or Gentlemen,

We refer to the Contract Agreement (“the Contract”) signed on [date] between you and ____________________________ (“the Contractor”) concerning design, execution and completion of ____________________________.

By this letter we, the undersigned, [name of Bank], a Bank (or company) organized under the laws of _________________ and having its registered/principal office at _________________, do hereby jointly and severally with the Contractor irrevocably guarantee payment owed to you by the Contractor, pursuant to the Contract, up to the sum of ___________, equivalent to _______________ percent (%)  of the Contract Price until the date of the Operational Acceptance Certificate and thereafter up to a sum of ____________, equivalent to__________ percent (%)  of the Contract Price, until twelve (12) months after the date of Operational Acceptance, or eighteen (18) months after Completion of the Facilities, whichever comes first.

Where it is agreed between you and the Contractor that the Facilities are to be accepted in parts, and thus where there are separate Completion and Operational Acceptance Certificates for each part, this Letter of Guarantee shall be apportioned to the value of each such part and shall reduce or expire as provided above on or following Completion or Operational Acceptance of each part.

We shall only undertake to make payment under this Letter of Guarantee upon our receipt of a written demand signed by your duly authorized officer for a specified sum, where such demand sets out the reasons for your claim under this Letter of Guarantee and is accompanied by

(a)    a copy of the written notice sent by you to the Contractor before making the claim under this Guarantee, specifying the Contractor’s breach of contract and requesting the Contractor to remedy it

(b)    a letter signed by your duly authorized officer certifying that the Contractor has failed to remedy the default within the period allowed for remedial action

(c)    a copy of your written notice to the Contractor stating your intent to claim under this Letter of Guarantee because of the Contractor’s failure to remedy the default in accordance with the request referred to in para. (a) above.

Our liability under this Letter of Guarantee shall be to pay to you whichever is the lesser of the sum so requested or the amount then guaranteed hereunder in respect of any demand duly made hereunder prior to expiry of this Letter of Guarantee, without being entitled to inquire whether or not this payment is lawfully demanded.

This Letter of Guarantee shall be valid from the date of issue until the earlier of twelve (12) months after the date of Operational Acceptance or eighteen (18) months after the date of Completion of the Facilities or, where the Facilities are to be accepted in parts, twelve (12) months after the date of Operational Acceptance or eighteen (18) months after the date of Completion of the last part or [date], whichever comes first.

Except for the documents herein specified, no other documents or other action shall be required, notwithstanding any applicable law or regulation.

If the Defect Liability Period is extended with respect to any part of the Facilities in accordance with the Contract, you shall notify us, and the validity of this Letter of Guarantee shall be extended with respect to the percentage of the Contract Price stipulated in the notification until expiry of such extended Defect Liability Period.

Our liability under this Letter of Guarantee shall become null and void immediately upon its expiry, whether it is returned or not, and no claim may be made hereunder after such expiry or after the aggregate of the sums paid by us to you shall equal the sums guaranteed hereunder, whichever is the earlier.

All notices to be given hereunder shall be given by registered (airmail) post to the addressee at the address herein set out or as otherwise advised by and between the parties hereto.

We hereby agree that any part of the Contract may be amended, renewed, extended, modified, compromised, released or discharged by mutual agreement between you and the Contractor, and this security may be exchanged or surrendered without in any way impairing or affecting our liabilities hereunder without notice to us and without the necessity for any additional endorsement, consent or guarantee by us, provided, however, that the sum guaranteed shall not be increased or decreased.

No action, event or condition which by any applicable law should operate to discharge us from liability hereunder shall have any effect and we hereby waive any right we may have to apply such law, so that in all respects our liability hereunder shall be irrevocable and, except as stated herein, unconditional in all respects.

Yours truly,

 

                                                                                                                       

Authorized Signature

 

Advance Payment Security

Demand Guarantee

[Guarantor letterhead or SWIFT identifier code]

 

Beneficiary: ........................................................ Name and Address of Employer .....................................................

Date:[Insert date of issue].....................................................................................................................................................

Advance Payment Guarantee No.:[Insert guarantee reference number]

Guarantor:  [Insert name and address of place of issue, unless indicated in the letterhead]

............................................................................................................................................................................................................................

We have been informed that . . . . .. . . . .  (hereinafter called “the Applicant”) has entered into Contract No. . . . . .. . . . . dated . . . . . . ..with the Beneficiary, for the execution of, . . . . . .. . . . .  (hereinafter called “the Contract”).

Furthermore, we understand that, according to the Conditions of the Contract, an advance payment in the sum  . . . . .. . . . . . (. . . . .. . . . .  ) is to be made against an advance payment guarantee.

At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding in total an amount of .
(. . . . .. . . . .  ) [22] upon receipt by us of the Beneficiary’s complying demand supported by the Beneficiary’s statement whether in the demand itself or in a separate signed document accompanying or identifying the demand, stating either that the applicant:

      1. has used the advance payment for purposes other than the costs of mobilization in respect of the Facilities; or
      2.  has failed to repay the advance payment in accordance with the Contract conditions, specifying the amount which the Applicant has failed to repay.

A demand under this guarantee may be presented as from the presentation to the Guarantor of a certificate from the Beneficiary’s bank stating that the advance payment referred to above has been credited to the Applicant on its account number ___________ at _________________..

 

The maximum amount of this guarantee shall be progressively reduced by the amount of the advance payment repaid by the Applicant as indicated in copies of interim statements or payment certificates which shall be presented to us.  This guarantee shall expire, at the latest, upon our receipt of documentation indicating full repayment by the Applicant of the amount of the advance payment, or on the . . . day of . . . . . . . , . . . . .[23], whichever is earlier.  Consequently, any demand for payment under this guarantee must be received by us at this office on or before that date.

This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No. 758, except that the supporting statement under Article 15(a) is hereby excluded.

 

____________________ [signature(s)]


Note:  All italicized text (including footnotes) is for use in preparing this form and shall be deleted from the final product.

 

 

[1]   Nonperformance, as decided by the Employer, shall include all contracts where (a) nonperformance was not challenged by the contractor, including through referral to the dispute resolution mechanism under the respective contract, and (b) contracts that were so challenged but fully settled against the contractor. Nonperformance shall not include contracts where Employers decision was overruled by the dispute resolution mechanism. Nonperformance must be based on all information on fully settled disputes or litigation, i.e., dispute or litigation that has been resolved in accordance with the dispute resolution mechanism under the respective contract and where all appeal instances available to the Bidder have been exhausted.

[2]         This requirement also applies to contracts executed by the Bidder as JV member.

[3]      The Bidder shall provide accurate information on the related Letter of Bid about any litigation or arbitration resulting from contracts completed or ongoing under its execution over the last five years. A consistent history of awards against the Bidder or any member of a joint venture may result in failure of the Bid.

[4] The Employer may use this information to seek further information or clarifications in carrying out its due diligence. 

[5]    For contracts under which the Bidder participated as a joint venture member or sub-contractor, only the Bidder’s share, by value, shall be considered to meet this requirement

[6]      Substantial completion shall be based on 80% or more Plant and installation completed under the contract.

[7]      In the case of JV, the value of contracts completed by its members shall not be aggregated to determine whether the requirement of the minimum value of a single contract has been met. Instead, each contract performed by each member shall satisfy the minimum value of a single contract as required for single entity. In determining whether the JV meets the requirement of total number of contracts, only the number of contracts completed by all members each of value equal or more than the minimum value required shall be aggregated.

[8] In the case of JV, the value of contracts completed by its members shall not be aggregated to determine whether the requirement of the minimum value of a single contract has been met. Instead, each contract performed by each member shall satisfy the minimum value of a single contract as required for single entity. In determining whether the JV meets the requirement of total number of contracts, only the number of contracts completed by all members each of value equal or more than the minimum value required shall be aggregated.

[9]      For the avoidance of doubt, a sanctioned party’s ineligibility to be awarded a contract shall include, without limitation, (i) applying for pre-qualification, expressing interest in a consultancy, and bidding, either directly or as a nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider, in respect of such contract, and (ii) entering into an addendum or amendment introducing a material modification to any existing contract.

[10]        A nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider (different names are used depending on the particular bidding document) is one which has been: (i) included by the bidder in its pre-qualification application or bid because it brings specific and critical experience and know-how that allow the bidder to meet the qualification requirements for the particular bid; or (ii) appointed by the Borrower. 

[11]        Inspections in this context usually are investigative (i.e., forensic) in nature.  They involve fact-finding activities undertaken by the Bank or persons appointed by the Bank to address specific matters related to investigations/audits, such as evaluating the veracity of an allegation of possible Fraud and Corruption, through the appropriate mechanisms.  Such activity includes but is not limited to: accessing and examining a firm's or individual's financial records and information, and making copies thereof as relevant; accessing and examining any other documents, data and information (whether in hard copy or electronic format) deemed relevant for the investigation/audit, and making copies thereof as relevant; interviewing staff and other relevant individuals; performing physical inspections and site visits; and obtaining third party verification of information.

 

 

[13] Costs shall be in the currencies of the Contract.

[14] Costs shall be in the currencies of the Contract.

2 Specify where necessary.

[15]      For the avoidance of doubt, a sanctioned party’s ineligibility to be awarded a contract shall include, without limitation, (i) applying for pre-qualification, expressing interest in a consultancy, and bidding, either directly or as a nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider, in respect of such contract, and (ii) entering into an addendum or amendment introducing a material modification to any existing contract.

[16]        A nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider (different names are used depending on the particular bidding document) is one which has been: (i) included by the bidder in its pre-qualification application or bid because it brings specific and critical experience and know-how that allow the bidder to meet the qualification requirements for the particular bid; or (ii) appointed by the Borrower. 

[17]        Inspections in this context usually are investigative (i.e., forensic) in nature.  They involve fact-finding activities undertaken by the Bank or persons appointed by the Bank to address specific matters related to investigations/audits, such as evaluating the veracity of an allegation of possible Fraud and Corruption, through the appropriate mechanisms.  Such activity includes but is not limited to: accessing and examining a firm's or individual's financial records and information, and making copies thereof as relevant; accessing and examining any other documents, data and information (whether in hard copy or electronic format) deemed relevant for the investigation/audit, and making copies thereof as relevant; interviewing staff and other relevant individuals; performing physical inspections and site visits; and obtaining third party verification of information.

[18]      The Employer should insert either the Bank Guarantee or the Conditional Guarantee.

[19]      The Guarantor shall insert an amount representing the percentage of the Contract Price specified in the Contract and denominated either in the currency(ies) of the Contract or a freely convertible currency acceptable to the Employer.

[20]      This text shall be revised as and where necessary to take into account (i) partial acceptance of the Facilities in accordance with Sub-Clause 25.4 of the GCC; and (ii) extension of the Performance Security when the Contractor is liable for an extended warranty obligation pursuant to Sub-Clause 27.10 of the GCC (although in this latter case the Employer might want to consider an extended warranty security in lieu of the extension of the Performance Security).

[21]      Insert the date twenty-eight days after the expected expiration date of the Defect Liability Period. The Employer should note that in the event of an extension of the time for completion of the Contract, the Employer would need to request an extension of this guarantee from the Guarantor. Such request must be in writing and must be made prior to the expiration date established in the guarantee. In preparing this guarantee, the Employer might consider adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months][one year], in response to the Employer’s written request for such extension, such request to be presented to the Guarantor before the expiry of the guarantee.”

 

[22]The Guarantor shall insert an amount representing the amount of the advance payment and denominated either in the currency(ies) of the advance payment as specified in the Contract, or in a freely convertible currency acceptable to the Employer.

[23]Insert the expected expiration date of the Time for Completion.  The Employer should note that in the event of an extension of the time for completion of the Contract, the Employer would need to request an extension of this guarantee from the Guarantor.  Such request must be in writing and must be made prior to the expiration date established in the guarantee. In preparing this guarantee, the Employer might consider adding the following text to the form, at the end of the penultimate paragraph:  “The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months][one year], in response to the Beneficiary’s written request for such extension, such request to be presented to the Guarantor before the expiry of the guarantee.”

"},{"id":"OP00429515","notice_type":"Request for Expression of Interest","noticedate":"02-Mar-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-03-13T00:00:00Z","submission_deadline_time":"16:00","project_ctry_name":"Ukraine","project_id":"P171050","project_name":"Ukraine Improving Higher Education for Results Project","bid_reference_no":"MOES-C1-COM-07","bid_description":"Development and implementation of a nationwide communication initiative aimed at increasing student engagement and societal recognition of STEM programs in higher education institutions","procurement_group":"CS","procurement_method_code":"CQS","procurement_method_name":"Consultant Qualification Selection","contact_address":"01135, Kyiv, Beresteysky ave, 10","contact_ctry_name":"Ukraine","contact_email":"kateryna.kovtun@mon.gov.ua","contact_name":"Kateryna Kovtun","contact_organization":"Ministry of Education and Science of Ukraine","contact_phone_no":"0444813221","contact_web_url":"https://mon.gov.ua/","submission_date":"2026-03-02T00:00:00Z","notice_text":"

REQUEST FOR EXPRESSIONS OF INTEREST

\n\n

(CONSULTING SERVICES – FIRMS SELECTION)

\n\n

UKRAINE

\n\n

 

\n\n

Country: Ukraine

\n\n

Project: «Lifting Education Access and Resilience in times of Need in Ukraine Program»

\n\n

Loan №: 9238-UA

\n\n

Project №: P171050

\n\n

Assignment Title: Consulting services for the development and implementation of a nationwide communication initiative aimed at increasing student engagement and societal recognition of STEM programs in higher education institutions

\n\n

Contract Package ID: № MOES-C1-COM-07

\n\n

 

\n\n

Ukraine and the International Bank for Reconstruction and Development (the World Bank) have signed Loan Agreement No. 9238-UA of US$200 million for the Project " Ukraine Improving Higher Education for Results Project " (hereinafter referred to as the Project). The Project is implemented in Ukraine by the Ministry of Education and Science of Ukraine (MoES) with the support of the World Bank Group. The Project implementation period is 2021-2026.

\n\n

The Project Development Objective (PDO) is to improve efficiency, conditions for quality, and transparency in the higher education system of Ukraine.

\n\n

The Ministry of Education and Science, together with the World Bank and other partners, is working to increase STEM capacity in schools, TVETs, and higher education institutions. Yet, a targeted communication campaign is urgently needed to raise awareness about STEM’s broad importance, emphasizing the empowerment and inclusion of girls and young women in STEM, while addressing both male and female students, to foster a diverse and innovative future workforce.

\n\n

The Ministry of Education and Science intends to use part of the proceeds for consulting services, for which this REoI has been issued.

\n\n

Consulting services (hereinafter referred to as "Services") include: development and implementation of a nationwide communication initiative aimed at increasing student engagement and societal recognition of STEM programs in higher education institutions.

\n\n

The Services are expected for a period of 8 months since a date of contract signing.

\n\n

Detailed information regarding the provision of the specified Services is provided in the Terms of Reference (hereinafter referred to as "TOR"), which is attached.

\n\n

The Ministry of Education and Science of Ukraine (hereinafter referred to as the "Client") invites qualified consulting companies (hereinafter referred to as "Consultants") to express their interest in providing the specified Services. Interested Consultants must provide information that confirms their qualifications and experience required to perform the Services.

\n\n

The evaluation of the expressions of interest provided by the Consultants will be carried out based on the following criteria:

\n\n

 

\n\n

General Requirements

\n\n\n\n

 

\n\n

Financial Stability Requirements

\n\n\n\n

Relevant Experience in Nationwide communication/media campaigns

\n\n\n\n

Consultants must submit documentation for at least three such approved nationwide campaigns, including short case descriptions (objectives, target groups, main channels, duration, KPIs and achieved results) and evidence (e.g. links, screenshots, summary reports).

\n\n

 

\n\n

Evidence-based communication campaigns

\n\n

Demonstrated experience in designing and delivering communication or social marketing campaigns that are explicitly based on research and monitored through follow-up measurements.

\n\n\n\n

 

\n\n

Multi-stakeholder management

\n\n

Demonstrated ability to design and deliver campaigns in multi-stakeholder environments, involving government bodies, educational institutions, private sector partners, media and/or civil society organisations.

\n\n

 

\n\n

Experience with international and public-sector clients (mandatory)

\n\n

Experience working with international organisations, donor-funded programmes, or government institutions in Ukraine or comparable contexts.

\n\n

 

\n\n

Thematic experience (advantageous)

\n\n\n\n

 

\n\n

References (mandatory)

\n\n

A minimum of five (5) reference letters from previous clients, preferably including:

\n\n\n\n

Recognised excellence and awards (advantageous)

\n\n\n\n

 

\n\n

Human Resources

\n\n

The Consultant shall ensure the participation of appropriately qualified experts (at the stage of evaluating the submitted expressions of interest, the qualifications and experience of key experts will not be assessed. Only the Consultant with the highest rating, determined in accordance with the established criteria for evaluating the Consultant’s qualifications, will be required to confirm the qualifications and experience of key experts).

\n\n

 

\n\n

The attention of interested Consultants is drawn to Section III, items 3.14, 3.16, and 3.17 of The World Bank Procurement Regulations for IPF Borrowers[1], dated September 2023 with amendments of February 2025[2] (hereinafter referred to as the "Procurement Regulations"), which contains the World Bank's policy regarding conflict of interest.

\n\n

 

\n\n

Consultants may associate with other firms to enhance their qualifications, but should indicate clearly whether the association is in the form of a joint venture and/or a sub-consultancy. In the case of a joint venture, all the partners in the joint venture shall be jointly and severally liable for the entire contract, if selected.

\n\n

 

\n\n

Selection of a Consultant will be performed in accordance with Consultant’s Qualification-based Selection (CQS) method following World Bank’s Consultants Guidelines.

\n\n

Further information may be obtained at the address below.

\n\n

Expressions of interest must be submitted in Ukrainian or English via email to the address: kateryna.kovtun@mon.gov.ua Cc: serhiy.artemenko@uiherp.org; by 4:00 PM Kyiv time on March 13, 2026.[3]

\n\n

Expressions of interest to be clearly marked: " MOES-C1-COM-07: Expression of Interest".

\n\n

Consultants should provide not only information demonstrating their compliance with the Mandatory Minimum Qualification Requirements, but also information that meets the specific requirements of the assignment and will be considered an advantage. The Consultant rating will be based on compliance with these latter requirements. The Consultant with the highest rating, determined according to the established criteria for evaluating the Consultant’s qualifications, will be invited to submit a technical and financial proposal.

\n\n

Information on the Consultant’s experience provided by the Consultants must be documented (copies of contracts or parts thereof, and acceptance certificates for services provided; additionally, client references may be submitted, describing the specifics of the completed assignment).

\n\n

Interested Consultants are additionally advised to pay attention to the following aspects when preparing their information:

\n\n\n\n

Consultants who have submitted an EOI should not submit any documents or information after the deadline for EOI submission, except for providing documents and/or information requested by the Employer for clarification or explanation of the submitted EOI. Any exchange of information between the Employer and Consultants must be in writing via the official email addresses specified in this announcement.

\n\n

LIST OF ATTACHED DOCUMENTS

\n\n
    \n\t
  1. Terms of Reference (TOR).
    2. \n
\n\n

 

\n\n

 

\n\n

[1] https://thedocs.worldbank.org/en/doc/6c0602876d68949e80820507d90a14ed-0290012023/original/Procurement-Regulations-September-2023.pdf

\n\n

[2] https://thedocs.worldbank.org/en/doc/20fb60f35ce8f2b52bb205da13c4df79-0290012023/original/Revisions-of-the-Procurement-Regulations-September-2023.pdf

\n\n

[3] Consultants are advised to ensure that their submission has been delivered to the recipient

\n\n

 

\n\n

 

\n\n

TERMS OF REFERENCE

\n\n

 

\n\n

Consulting services for the

\n\n

Development and implementation of a nationwide communication initiative aimed at increasing student engagement and societal recognition of STEM programs in higher education institutions

\n\n

 

\n\n

Contract No. MOES-C1-COM-07

\n\n

World Bank Project ID No.: P171050, Loan Number: 9238-UA

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

List of acronyms and abbreviations 

\n\n

 

\n\n

ASC: Administrative Service Centre
\n CERC: Contingent Emergency Response Component
\n CMS: Content Management System
\n COVID-19: Coronavirus Disease 2019
\n CTR: Click-Through Rate
\n GA4: Google Analytics 4
\n GRM: Grievance Redress Mechanism
\n HEI: Higher Education Institution
\n IP: Intellectual Property
\n KPI: Key Performance Indicator
\n KV: Key Visual
\n M&E: Monitoring and Evaluation
\n MEL: Monitoring, Evaluation and Learning
\n MoES: Ministry of Education and Science of Ukraine
\n OOH: Out-of-Home (advertising)
\n PBC: Performance-Based Condition
\n PDF: Portable Document Format
\n POSM: Point-of-Sale Materials
\n PR: Public Relations
\n Q&A: Question and Answer
\n SM: Social Media
\n STEM: Science, Technology, Engineering and Mathematics
\n TV: Television
\n VET/PPHE: Vocational Education and Training / Professional Pre-higher Education
\n UIHERP: Ukraine: Improving Higher Education for Results Project
\n US$: United States Dollar
\n Word: Microsoft Word Document Format

\n\n

 

\n\n

 

\n\n

 

\n\n

Development and implementation of National Communication initiative

\n\n

aimed at increasing student engagement and societal recognition of STEM programs in higher education institutions.

\n\n

 

\n\n

I. BACKGROUND

\n\n

Ukraine and the International Bank for Reconstruction and Development (the World Bank) have signed Loan Agreement No. 9238-UA of US$200 million for the Project " Ukraine Improving Higher Education for Results Project " (hereinafter referred to as the Project). The Project is implemented in Ukraine by the Ministry of Education and Science of Ukraine (MoES) with the support of the World Bank Group. The Project implementation period is 2021-2026.

\n\n

The Project Development Objective (PDO) is to improve efficiency, conditions for quality, and transparency in the higher education system of Ukraine.

\n\n

The Project includes six Parts:

\n\n\n\n

The Project supports two categories of expenditures: (i) traditional investments in goods, works, and services, for which disbursements are made against eligible expenditures, and (ii) defined performance-based conditions (PBCs), for which disbursements are also made against eligible expenditures conditional on the achievement of the PBCs as defined in the Loan Agreement and Project Operational Manual.

\n\n

In the modern context, STEM (Science, Technology, Engineering, and Mathematics) education is increasingly seen as an integrated, interdisciplinary approach that equips learners with critical thinking, problem-solving, and innovation skills essential for tackling complex global challenges and promoting sustainable development. Technological advances are vital to Ukraine’s recovery and long-term competitiveness, driving innovation in AI, digital infrastructure, renewable energy, advanced manufacturing, biotechnology, and data-driven governance. However, recent enrolment patterns confirm that interest in STEM fields remains low and uneven, with many students still opting for more familiar or traditionally “safe” study choices. This trend is particularly visible among girls and young women, who often face persistent stereotypes, lack of visible role models and limited encouragement to consider STEM as a realistic option. As a result, they continue to be significantly underrepresented in most priority STEM disciplines, despite the growing demand for diverse talent in these areas.

\n\n

Addressing this requires coordinated efforts to inspire and support the next generation of STEM professionals through enhanced education programs, capacity building, industry partnerships, and national policies prioritizing technological progress and workforce development. Equally important tool is the integration of scientific research and innovation into higher education. Bridging academic learning with applied research and entrepreneurial ecosystems ensures that students are not only equipped with theoretical knowledge but also immersed in real-world problem solving and innovation processes. Strengthening STEM education is crucial for Ukraine’s economic rebuilding.

\n\n

STEM fields in Ukraine receive substantial state support through various measures, such as the allocation of state-funded places in universities and higher government grants for self-funded students. However, these fields remain less popular among students compared to majors such as business, management, and social sciences. Several factors contribute to this lower popularity. Many students and parents are not fully aware of how STEM skills translate into concrete, in-demand jobs in the Ukrainian and global labour markets, or how critical they are for the country’s future economy, recovery and competitiveness. STEM is still often perceived as “too difficult”, abstract or relevant only for exceptionally gifted students, while non-STEM majors are seen as safer and more familiar choices. Career guidance in schools and VET/PPHE institutions frequently focuses on traditional professions, and information about new STEM-related roles in digital, green, security and high-tech sectors remains fragmented and inaccessible. Long-standing stereotypes about who “belongs” in STEM – including gendered expectations – further discourage a broad range of young people from considering these pathways. As a result, even though STEM specialities are central to Ukraine’s technological sovereignty and long-term growth, they are not yet perceived by many prospective students as attractive, attainable options for their own future.

\n\n

The Ministry of Education and Science, together with the World Bank and other partners, is working to increase STEM capacity in schools, VETs/PPHEs, and higher education institutions. Yet, a targeted communication campaign is urgently needed to raise awareness about STEM’s broad importance, emphasizing the empowerment and inclusion of girls and young women in STEM, while addressing both male and female students, to foster a diverse and innovative future workforce.

\n\n

The campaign is expected to build on and, where feasible, formalise partnerships with educational agencies, universities (especially STEM departments) and NGOs to showcase real-life role models and successful STEM pathways.

\n\n

According to the statistics on the allocation of state funding and state-funded study places for applicants, at the bachelor’s level at the bachelor’s level, five out of the ten majors with the largest number of state-funded offers were STEM fields. At the master’s level, six of the top ten were STEM. However, when looking at the ten most popular majors by actual enrollment, STEM fields are underrepresented. For instance, at the bachelor’s level, the most popular majors were Business and Law (37,170 enrolled students) and Social Sciences (23,628), while only one STEM major - Engineering and Production - enrolled more than 20,000 students (20,211). A similar pattern is observed at the master’s level, where only two STEM majors rank among the ten most popular: Computer Science (2,653) and Building and Civil Engineering (2,142). Combined, these two majors enrolled nearly three times fewer students than the most popular major - Psychology (12,042).

\n\n

This communication campaign aligns closely with Ukraine's national WinWin innovation Strategy, which emphasizes fostering inclusive innovation ecosystems and leveraging STEM education to drive sustainable economic growth, making the campaign a critical component in realizing the strategy's goals.

\n\n

Part of the proceeds from Part 1 of UIHERP supports communication efforts for higher education reform, including financing surveys, developing communication strategies, and implementing campaigns and outreach to enhance transparency and build engagement and consensus within Ukraine’s higher education community.

\n\n

Now, MoES is looking for an experienced and qualified consultant (Consultant) to create a national communication campaign aimed to increase interest in STEM specialties.

\n\n

This activity focuses on planning and implementation a nationwide, multi-channel communication campaign to increase applications to STEM in 2026 vs 2025 and to increase the share of girls among STEM applicants during admissions campaign.

\n\n

More detailed information is given at the link https://projects.worldbank.org/en/projects-operations/project-detail/P171050.

\n\n

II. OBJECTIVE

\n\n

Overall goal

\n\n

Increase national interest and uptake of STEM specialties by positioning STEM as a high‑value, accessible, and inclusive pathway for Ukraine’s recovery, innovation, and long‑term competitiveness. The primary target audiences for this campaign are secondary-school students and VET/PPHE students, with parents, teachers and the wider general public as key influencing audiences.

\n\n

The campaign will prioritise communication with secondary-school students (in general secondary education institutions) and learners in VET/PPHE institutions, while also addressing parents, teachers, school counsellors and other influencers who shape young people’s education choices.

\n\n

The campaign also will give particular attention to increasing interest in STEM among girls and young women, while ensuring that all messages are inclusive and address both genders. Teachers and school counsellors will be treated as a distinct influencing audience, with tailored messages and tools to help them guide students towards STEM pathways.

\n\n

Specific Objectives (Phase I: Q1–Q4 2026)

\n\n
    \n\t
  1. Establish a robust baseline of public awareness and attitudes towards STEM in Ukraine\n\n\t\n\t
    2. \n\t
  2. Increase basic awareness and understanding of what STEM is and why it matters for Ukraine’s future\n\t\n\t
    3. \n\t
  3. Strengthen positive perceptions of the relevance, demand and future of STEM careers in Ukraine\n\t\n\t
    4. \n\t
  4. Drive active interest and information-seeking behaviour related to STEM education options
    \n\t \n\t\n\t
    5. \n\t
  5. Measure change in key indicators between baseline and endline and generate evidence for Phase II
    \n\t \n\t\n\t
    6. \n
\n\n

Cross cutting topics - gender and inclusion, regional equity

\n\n

KPI Framework Implementation

\n\n

Output – Campaign Delivery and Reach

\n\n

These indicators measure the direct results of campaign execution and media presence during Phase I (2026 awareness campaign).

\n\n

 

\n\n\n\n

 

\n\n

Outtake – Audience Perceptions and Attitudes

\n\n

These indicators track changes in awareness, understanding and short-term behavioural intentions among the general public and key sub-groups (young people, parents, educators), based on baseline and endline research. The campaign will specifically measure changes in teachers’ and school counsellors’ awareness of STEM opportunities and their confidence in recommending STEM pathways to students.

\n\n

 

\n\n\n\n

 

\n\n

All relevant perception and intention indicators will be disaggregated by gender, with dedicated analysis for girls and other underrepresented groups in STEM.

\n\n

 

\n\n

Outcome – Measurable Impact (Phase I)

\n\n

These are the measurable changes and evidence generated by Phase I that are aligned with the overarching goals of building demand and preparing for the next phase of STEM promotion.

\n\n

 

\n\n\n\n

 

\n\n

III. SCOPE OF SERVICES

\n\n

Inception phase

\n\n

Description
\nDuring the Inception phase, the Consultant shall prepare an Inception Report that sets the strategic, research and implementation framework for the campaign, fully aligned with the Specific Objectives and the Output / Outtake / Outcome indicators for Phase I (2026).

\n\n

The Inception Report shall include, at minimum, the following Sections:

\n\n
    \n\t
  1. Research Plan\n\n\t\n\t
    2. \n\t
  2. Workplan
    \n\t \n\t\n\t
    3. \n\t
  3. Quality Assurance (QA) Plan
    \n\t \n\t\n\t
    4. \n\t
  4. Draft Key Visual (KV)
    \n\t \n\t\n\t
    5. \n\t
  5. Draft Scripts
    \n\t \n\t\n\t
    6. \n\t
  6. Monitoring, Evaluation and Learning (MEL) Framework – Outline
    \n\t \n\t\n\t
    7. \n
\n\n

Deliverable:
\nD0. Inception Report, including all sections listed above, submitted and approved by the Client at the end of the Inception phase.

\n\n

D1. Research and Strategy

\n\n

D1 – Strategy package

\n\n\n\n

Acceptance arrangements

\n\n\n\n

D2. Production

\n\n

 

\n\n

D2.1 – Creative Production

\n\n

 

\n\n

Description
\nThe Consultant shall develop all creative assets required for the implementation of the campaign, based on the approved Communication Strategy, Key Visual(s) and Message House. The exact mix of formats (video, static, digital, print, audio, etc.) and volumes shall be proposed by the Consultant and agreed with the Client to best achieve the Specific Objectives and Output / Outtake / Outcome indicators.

\n\n

Deliverables (D2.1)

\n\n\n\n

Acceptance arrangements

\n\n\n\n

D2.2 – Media Booking & Placement

\n\n

 

\n\n

Description
\nThe Consultant shall plan, book and coordinate media placements across agreed channels (e.g. TV, cinema, digital, OOH, audio, PR/influencers), ensuring efficient use of budget and alignment with campaign objectives and target audiences.

\n\n

Deliverables (D2.2)

\n\n\n\n

Acceptance arrangements

\n\n\n\n

 

\n\n

D3. Campaign Roll-out and Media Implementation

\n\n

 

\n\n

D3.1 – Production Masters

\n\n

 

\n\n

Description
\nThe Consultant shall finalize and package all production masters for deployment across media and distribution channels.

\n\n

Deliverables (D3.1)

\n\n\n\n

Acceptance arrangements

\n\n\n\n

D3.2 – Monitoring & Evaluation (M&E), GRM

\n\n

 

\n\n

Description
\nThe Consultant shall support ongoing monitoring of campaign delivery and performance, and maintain a basic mechanism for handling public feedback and complaints (GRM), in line with the MEL Framework.

\n\n

Deliverables (D3.2)

\n\n\n\n

Acceptance arrangements

\n\n\n\n

D4. Final Report and IP Transfer

\n\n

D4.1 – Final Campaign Report

\n\n

Description
\nThe Consultant shall prepare a final report summarising the planning, implementation and performance of the campaign, with a clear link to the agreed Specific Objectives and the Output / Outtake / Outcome indicators for Phase I, and with concrete recommendations for a subsequent Phase II focused on conversion into applications and enrolment in STEM programmes (admissions 2027).

\n\n

Deliverables (D4.1)

\n\n\n\n

Acceptance arrangements

\n\n\n\n

D4.2 – Transfer of Intellectual Property (IP)

\n\n

Description
\nThe Consultant shall ensure full transfer to the Client of all intellectual property and materials developed under the assignment, in line with the contract.

\n\n

Deliverables (D4.2)

\n\n\n\n

Acceptance arrangements

\n\n\n\n

 

\n\n

IV. SCHEDULE OF DELIVERABLES

\n\n

The Consultant is required to deliver the following outputs, ensuring all deliverables meet the detailed requirements outlined in the Scope of Services:

\n\n

Draft Implementation Timeline and Milestones

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Deliverable

\n\t\t\t		\n\t\t\t

Description

\n\t\t\t		\n\t\t\t

Indicative Deadline

\n\t\t\t		\n\t\t\t

Contract price share

\n\t\t\t
\n\t\t\t

D0. Inception

\n\t\t\t		\n\t\t\t

D 0. Inception package

\n\t\t\t		\n\t\t\t

1 Apr – 14 Apr 2026

\n\t\t\t		\n\t\t\t

10%

\n\t\t\t
\n\t\t\t

D1. Research and Strategy

\n\t\t\t		\n\t\t\t

D 1. Strategy package

\n\t\t\t		\n\t\t\t

15 Apr – 30 May 2026

\n\t\t\t		\n\t\t\t

20%

\n\t\t\t
\n\t\t\t

D2. Production

\n\t\t\t		\n\t\t\t

D2.1 – Creative Production

\n\n\t\t\t

D2.2 – Media Booking & Placement

\n\t\t\t		\n\t\t\t

1 May – 30 Jun 2026

\n\t\t\t		\n\t\t\t

10%

\n\t\t\t
\n\t\t\t

D3. Campaign Roll-out and Media Implementation

\n\t\t\t		\n\t\t\t

D3.1 – Production Masters

\n\n\t\t\t

D3.2 – Monitoring & Evaluation (M&E), GRM

\n\t\t\t		\n\t\t\t

1 Jul – 31 Dec 2026

\n\t\t\t		\n\t\t\t

50%

\n\t\t\t
\n\t\t\t

D4. Final report and IP transfer

\n\t\t\t		\n\t\t\t

D4.1 – Final Campaign Report

\n\n\t\t\t

D4.2 – Transfer of Intellectual Property (IP)

\n\t\t\t		\n\t\t\t

1 Dec – 31 Dec 2026

\n\t\t\t		\n\t\t\t

10%

\n\t\t\t
\n\n

 

\n\n

Deliverables Requirements

\n\n\n\n

Ownership of all deliverables will be transferred to the Ministry of Education and Science of Ukraine upon IP transfer stage.

\n\n

 

\n\n

V. REQUIREMENTS

\n\n

5.1. Qualification requirements to Consultant

\n\n

The Consultant will be a legal entity or a consortium of legal entities, possessing proven experience in performing similar assignments with the following qualifications and experience:

\n\n
    \n\t
  1. General requirements
    2. \n
\n\n\n\n

 

\n\n
    \n\t
  1. Financial stability requirement
    2. \n
\n\n\n\n

 

\n\n
    \n\t
  1. Specific experience
    2. \n
\n\n

The Consultant (agency or consortium) shall demonstrate the following experience:

\n\n
    \n\t
  1. Nationwide communication/media campaigns (mandatory)\n\n\t\n\t
    2. \n
\n\n

Consultants must submit information for at least three such approved nationwide campaigns, including short case descriptions (objectives, target groups, main channels, duration, KPIs and achieved results) and evidence (e.g. links, screenshots, summary reports).

\n\n
    \n\t
  1. Evidence-based communication campaigns (mandatory)\n\n\t\n\t
    2. \n
\n\n

 

\n\n
    \n\t
  1. Multi-stakeholder management (mandatory)\n\n\t\n\t
    2. \n\t
  2. Experience with international and public-sector clients (mandatory)\n\t\n\t
    3. \n\t
  3. References (mandatory)
    \n\tA minimum of five (5) reference letters from previous clients, preferably including:\n\t\n\t
    4. \n\t
  4. Thematic experience (advantageous)\n\t\n\t
    5. \n\t
  5. Recognised excellence and awards\n\t\n\t
    6. \n
\n\n

 

\n\n
    \n\t
  1. Project Management Capability:
    2. \n
\n\n\n\n

CVs of Key experts will not be evaluated at the evaluations stage.

\n\n

5.2. Staff

\n\n

The Consultant shall provide suitably qualified professionals in terms of expertise and time allocation to complete the activities required under the scope of work and to achieve the project objectives within the specified time, cost, and quality parameters. Qualifications should be evidenced by resumes, diplomas, certificates, or other relevant documentation.

\n\n

The Consultant is expected to propose the number and type of personnel necessary for the effective and high-quality execution of the services. The costs for all proposed personnel shall be included in the financial proposal. The Consultant shall also ensure that all proposed staff members are available during the times specified in the Assignment.

\n\n

The minimum expected staff inputs for the Assignment are summarized below:

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Category

\n\t\t\t		\n\t\t\t

Expert

\n\t\t\t
\n\t\t\t

Key Experts (per each educational domain)

\n\t\t\t		\n\t\t\t

KE1. Team Leader

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

KE2. Strategy Lead

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

KE3. Creative Director/Art Director

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

KE4. Media Lead

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

KE5. M&E Analyst

\n\t\t\t
\n\t\t\t

Supporting Staff (per project)

\n\t\t\t		\n\t\t\t

Junior producers, coordinators

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Pool of editors, designers, copywriters, PR, SMM, web developers

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Gender Expert

\n\t\t\t
\n\n

5.2.1. Qualifications of Key Experts

\n\n

The Consultant shall propose a core team of Key Experts with qualifications and experience that are clearly aligned with the scope and objectives of this nationwide STEM awareness campaign (research, strategy, creative development, media roll-out and MEL).

\n\n

KE1. Team Leader / Project DirectorQualifications and skills:

\n\n\n\n

KE2. Strategy LeadQualifications and skills:

\n\n\n\n

KE3. Creative Director / Art Director Qualifications and skills:

\n\n\n\n

KE4. Media LeadQualifications and skills:

\n\n\n\n

KE5. Monitoring, Evaluation and Learning (MEL) / Research Lead Qualifications and skills:

\n\n\n\n

Supporting documentation for Key ExpertsKey Experts must confirm their qualifications by providing detailed CVs, clearly highlighting:

\n\n\n\n

5.2.2.  Supporting Staff

\n\n

CVs for Supporting Staff are not examined prior to the signature of the Contract and should not be included in technical proposals.

\n\n

The Consultant should identify all technical and support staff that will be needed for the timely implementation of Assignment. In this respect, the Consultant is expected to specify number and availability of all technical and support staff to demonstrate that objectives can be met. It is therefore a requirement to provide names of technical and support staff, although CVs will not be required.

\n\n

The Consultant shall select and hire other experts as required according to the profiles identified in their Methodology and these Terms of Reference.

\n\n

VI. Implementation arrangement

\n\n

The Consultant

\n\n

The Consultant shall be responsible for support in all aspects and costs of its team during the Services. In coordination with the Client, the Consultant is encouraged to identify and engage relevant education institutions, student associations and NGOs as campaign partners, where such collaboration adds value and remains cost-effective. The Consultant shall be responsible for engaging and payment of local personnel, including competent bilingual (Ukrainian-English) secretarial assistance to cover administrative/translation support. The Consultant shall also make their own allowance for additional technical, administrative, and other support staff.

\n\n

The Consultant should provide for their own all the logistics, renting, consumables, computers, laptops, and equipment required for providing services smoothly and shall make the provision in their financial proposal accordingly. The provision should be made as rentals only, including maintenance, and no provision for the purchase of any items towards logistics should be made in the Financial Proposals.

\n\n

The Consultant will report on all aspects of the contract to the authorized person of the Client.

\n\n

For the implementation, the Consultant should take into consideration the COVID-19 and war crisis-related restrictions and the volatile security situation in Ukraine. Depending on the nature of the restrictions at the starting date of the Contract, the Consultant might need to start with remote and desktop work before having the possibility to conduct fieldwork and/or prefer to mobilize local consultants for the first steps of the Contract. The Consultant is advised to explore all arrangements for engaging local personnel and benefiting from their knowledge and expertise.

\n\n

The Client

\n\n

The Client shall be responsible for the implementation of the overall Project and the Consultant’s Assignment shall be managed and monitored by the Client’s Implementation group.

\n\n

The designated representative of the Client responsible for communication and the routine approval of reports, certificates, and other documentation related to this Assignment shall be designated in the Contract. The changes in contact person can be communicated by exchange of letters without changing the contract.

\n\n

All communication between the Client and the Consultant shall be in writing in English and/or Ukrainian. Regarding payments to the Consultant, modifications of the Consultant’s contract, issuance of the Consultant’s requests for the Client’s preliminary approval, and other similar cases and activities, for which the Client believes to be mandatory for such a way of correspondence, the correspondence shall be maintained by printed documents, in a sufficient number of copies, submitted to the Client. For all other cases, correspondence through electronic mail is acceptable with previous agreements on a list of recipients from both sides.

\n\n

The Client shall make available all existing data, documents, reports, and studies in reference to Assignment and necessary for the successful implementation of the Services. The Consultant shall be fully responsible for verification, interpretation, and use of such material and data. The Consultant must not disclose received data/documents to any third party not included in the Assignment implementation.

\n\n

Most of the available information is in Ukrainian language. The Consultant will arrange for the translation, as necessary, at their own expense.

\n\n

All the products, deliverables, reports, training materials, etc., that are produced under Assignment are the property of the MOES.

\n\n

War-time safety protocols for filming and placements; work with minors only with written consents.

\n\n

 

\n\n

Gender-sensitive, stereotype-free content; accessible design; subtitles for all videos.

\n\n

 

\n\n

Assumptions: TV/cinema social ad windows; partner networks ready for agreed formats; fast approvals (≤5 working days).

\n\n

 

\n\n

Prerequisites: approved strategy, KV, scripts, media plan; safety procedures.

\n\n

 

\n\n

Inputs from MoES: logos/brand rules and writing policy; mandatory disclaimer; contacts of HEIs/schools/ASCs; baseline 2025 data; support letters for networks.

\n\n

Equipment

\n\n

No equipment is to be purchased on behalf of the Client as part of this service contract or transferred to the Client at the end of this contract. Any equipment related to this contract which is to be acquired by the Client must be purchased by means of a separate supply tender procedure.

"},{"id":"OP00381861","notice_type":"Request for Expression of Interest","noticedate":"09-Oct-2025","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2025-10-24T00:00:00Z","submission_deadline_time":"05:00","project_ctry_name":"Western and Central Africa","project_id":"P175525","project_name":"West Africa Coastal Areas Resilience Investment Project 2","bid_reference_no":"GH-MESTI-517208-CS-CQS","bid_description":"CONSULTANCY SERVICES FOR THE ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT (ESIA) FOR THE PROPOSED PHYSICAL WORKS BETWEEN THE VOLTA RIVER ESTUARY AND ATORKOR IN THE LOWER VOLTA BASIN","procurement_group":"CS","procurement_method_code":"CQS","procurement_method_name":"Consultant Qualification Selection","contact_address":"Ministry of Environment, Science, Technology and Innovation\nMinistries\nAccra","contact_ctry_name":"Ghana","contact_email":"peter.dery@mesti.gov.gh","contact_name":"Peter J. Dery","contact_organization":"Ministry of Environment, Science Technology and Innovation","contact_phone_no":"0243646749","submission_date":"2025-10-09T00:00:00Z","notice_text":"
    \n\t
  1. INTRODUCTION
    2. \n
\n\n

The Government of Ghana through the Ministry of Environment, Science, Technology, and Innovation (MESTI) has financial support from the World Bank to develop and implement the West Africa Coastal Areas Resilience Investment Project II (WACA ResIP II). The Program Development Objective (PDO) of the WACA ResIP II Project is to strengthen the resilience of targeted communities and areas in coastal West Africa. The project will protect and restore the ecological, social, and economic assets of coastal areas addressing erosion, pollution and flooding. The project aims to restore coastal ecosystems, especially mangroves, to reduce the risk of erosion and flooding, including restoration of abandoned rice paddies and the water systems. It builds on an ongoing project called the WACA Resilience Investment Project. The Project has four components which are as follows:

\n\n

 

\n\n

Component 1: Strengthening Regional Integration.

\n\n

The objective of the regional integration component is to strengthen the effective coordination of interventions for coastal resilience in West Africa at the regional and national levels. This is achieved through the consolidation of the regional institutional set-up and harmonization of policy to seek economies of scale and the development of new strategic partnerships needed for the scale-up of response to the coastal resilience development challenge.

\n\n

 

\n\n

Component 2: Strengthening the Policy or Institutional Frameworks.

\n\n

The project will support the strengthening of institutional and policy frameworks around coastal development, protection, and natural resource management (exclusive of fisheries). Focus areas will include strengthening of existing national coordination mechanisms and development of mechanisms for sub-national coordination, including civil society coordination.

\n\n

Policy actions under this component will support improved land use and marine spatial planning for resilient coastal development. This includes measures for institutional support that will improve collection and analysis of data critical for risk-informed decision making. This includes, but is not limited to, data related to beach profile and crest elevation, spatial data, and improved local demographic and economic data, especially as related to sources of livelihood and gender disaggregation.

\n\n

Component 3: Strengthening National Physical and Social Investments. The project will support a wide typology of site-specific grey, green, and hybrid physical investments, and social sub-projects at the community level to achieve measurable increases in protection from coastal erosion and flooding, pollution control, and promote climate-resilient coastal development. Physical investments supported by the project are based on coastal management strategies and climate-resilient development plans, including Multi Sector Investment Plans (MSIPs), undertaken and ongoing in each country that identifies priority investments and actions for strengthening coastal resilience and mitigating the impacts of climate change through sustainable, integrated coastal zone management.

\n\n

The project will be financing (a) green infrastructure such as dune fixation to protect beaches from erosion using vegetation and shrubs to trap sand, wetland and mangrove restoration and beach replenishment; (b) grey infrastructure such as the construction of breakwaters, seawalls, revetments, groynes, and dikes; (c) land claim and reclamation; (d) rehabilitation of flood banks; (e) rehabilitation and management of natural flood areas, including dredging to maintain natural flow in lagoons; (f) infrastructure, e.g. culverts, for improved drainage; and (g) sustainable land management practices in transboundary sub-watersheds and areas of high ecosystem value that drain into the coastal areas, and (h) measures to improve the management of natural habitats, including reduction of invasive species encroachment.

\n\n

Specifically, physical interventions under this component 3 will support adaptation measures for protection, retreat, or accommodation, or a combination thereof at three locations: Korle Lagoon, Densu Delta, and Keta Lagoon. Nature-based physical protection measures will include protection and restoration of mangroves and other submerged native aquatic vegetation to reduce flooding hazards, and beach nourishment and dune rehabilitation to address coastal erosion. Grey solutions may include the construction of groins, dykes, seawalls, revetments, or other infrastructure.  The focus of this ToR is to conduct an Environment and Social Impact Assessment (ESIA) for the proposed physical works between the Volta River Estuary and Atorkor in the Lower Volta Basin on the east coast of Ghana.

\n\n

 

\n\n

Component 4: Project Management. A Project Implementation Unit (PIU) has been established with the Ministry of Environment, Science, Technology, and Innovation (MESTI) to be responsible for the overall implementation of the project. The PIU is to be guided by a multi-stakeholder Project Steering Committee (PSC) Figure 1.

\n\n

 

\n\n

Figure 1 Organogram showing Institutional Implementation

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
 
  
\n\n

 

\n\n

 

\n\n

 

\n\n
    \n\t
  1. \n\t
      \n\t\t
    1. Physical Investments at the Lower Volta Basin
      2. \n\t
    \n\t
    2. \n
\n\n

Under the West Africa Coastal Areas Management Program (WACA) (ResIP 2) (P175525), WACA's interventions in this region aim to improve the basin’s resilience through a combination of engineered (grey) and nature-based (green) infrastructure, aligned with the program’s regional objectives of safeguarding coastal and near-coastal systems.

\n\n

The Lower Volta Basin project is benefiting from targeted physical investments such as grey, green, hybrid solutions, and social subprojects at the community level to address both environmental degradation and climate vulnerability. This project intervention will be based on site-specific studies/solutions/recommendations.

\n\n

The physical investment in the LVB will focus on the rehabilitation of degraded coastline, restoration of mangroves along the coast, and reduction of erosion and sedimentation. These will include the use of riprap structures for slope stabilization and the revegetation of buffer zones to restore ecological integrity and enhance flood protection. The project also supports and promotes sustainable land use practices to minimize runoff and downstream flooding.

\n\n

In addition, physical investment in the LVB will integrate community-based green infrastructure-such as vegetative barriers and reforestation to complement traditional infrastructure upgrades like embankments improvements. These hybrid interventions are designed to restore hydrological function, enhance water quality in the lagoons, and protect livelihoods, particularly in flood-prone and erosion-sensitive zones along the lower reaches of the Volta River.

\n\n

By combining physical infrastructure with ecosystem restoration, WACA’s investments in the Lower Volta Basin will not only reduce vulnerability to climate risks but also contribute to long-term socio-ecological resilience, ensuring that both the environment and local communities can thrive in the face of increasing environmental pressures.

\n\n
    \n\t
  1. ENVIRONMENTAL AND SOCIAL RISKS AND REQUIREMENTS
    2. \n
\n\n

The Environmental and Social Risk Classification (ESRC) for the WACA ResIP II project is “high” and the project design and implementation is guided by the WB’s Environmental and Social Framework (ESF). Eight (8) of the Environmental and Social Standards (ESSs) of the WB’s ESF/ESS are relevant to the project, namely: ESS1 - Assessment and Management of Environmental and Social Risks and Impacts, ESS2 - Labour and Working Conditions, ESS3 - Resource Efficiency and Pollution Prevention and Management, ESS4 - Community Health and Safety, ESS5 - Land Acquisition, Restrictions on Land Use and Involuntary Resettlement, ESS6 - Biodiversity Conservation and Sustainable Management of Living Natural Resources, ESS8 - Cultural Heritage, and ESS10 - Stakeholder Engagement and Information Disclosure. The project is also required to comply with relevant legal requirements in Ghana including the EPA requirements as per the Environmental Assessment Regulations, 1999 (LI 1652).

\n\n

 

\n\n

In conformance with the World Bank’s ESF and Ghana Government EPA regulations, an Environmental and Social Management Framework (ESMF) for the WACA ResIP 2 Project has been prepared and disclosed. The ESMF has established clear processes and procedures for environmental and social risk assessment, such as screening of subproject activities as the first step to determine the level of assessment required for subproject. The ESMF is connected to other environmental and social instruments that has been prepared and disclosed, such as the: Resettlement Policy Framework, Stakeholder Consultations and Engagement Plan, Labour Management Procedure and Gender Assessment.

\n\n

 

\n\n
    \n\t
  1. RATIONALE AND OBJECTIVE OF THE ASSIGNMENT
    2. \n
\n\n

The proposed project activity is expected to have significant impacts on the bio-physical and socio-economic environment of the site; therefore, in compliance with the Environmental Assessment Regulations 1999 (LI 1652) and the World Bank’s ESF (ESS1) it is mandatory to carry out an Environmental and Social Impact Assessment (ESIA) for the proposed intervention works between the Volta River Estuary and Atorkor in the Lower Volta Basin.

\n\n

 

\n\n

The main objective of this assignment is to undertake an Environmental and Social Impact Assessment (ESIA) for the proposed activities between the Volta River Estuary and Atorkor in the Lower Volta Basin. The ESIA is designed to assess major project impacts, consider alternative project designs, and to present measures for mitigating and monitoring anticipated project impacts. The ESIA will assess direct, indirect, cumulative, and, where relevant, transboundary impacts, in line with ESSs. In addition, it will assess potential climate co-benefits, including adaptation and mitigation measures, as part of the project design. It will also provide the basis for guiding subsequent actions, which will ensure that the activity is carried out in a sustainable manner. The ESIA consultant shall work closely with the design consultant to achieve this objective.

\n\n

 

\n\n
    \n\t
  1. SCOPE OF THE ASSIGNMENT
    2. \n
\n\n

The Environmental and Social Impact Assessment assignment shall be carried out in two phases by a qualified consultancy firm:

\n\n\n\n

 

\n\n
    \n\t
  1. \n\t
      \n\t\t
    1. Phase 1: Scoping Study
      2. \n\t
    \n\t
    2. \n\t
  2. The Consultant will undertake a scoping study of the proposed activities to define the scope of the ESIA.  The scoping study will identify and categorize the most important environmental and social issues, constraints and alternatives that need to be addressed in the ESIA, considering the complexity of the context in which the activities will be undertaken. In identifying significant issues, the Consultant will take cognisance of the environment of the proposed site. The Scoping will also identify possible modifications to the proposed activities and decide on further studies / analyses that may be required.
    3. \n
\n\n

 

\n\n
    \n\t
  1. The Consultant will identify all stakeholders the project may influence (direct or indirect) and develop a Stakeholder Engagement Plan, building on the project SEP (to be incorporated in the Scoping Report) to guide a comprehensive consultation and engagement with stakeholders, particularly communities and residents, in the area likely to be influence by the subproject during the scoping study and the second phase (ESIA) of the assignment. In addition to identifying the stakeholders, attention will be paid to the domains of influence of the proposed action by considering the following:
    2. \n
\n\n\n\n

The Consultant will prepare a record of stakeholder interests, concerns, comments and suggestions in the form of an Issues and Response Report, which will be incorporated in the Scoping Report and serve as a guide for continuous consultation during the ESIA. Attention will be paid to the cultural importance of the study area during stakeholder consultations and in recommending risk mitigation measures. The Consultant shall comply with all national, World Bank and World Health Organization (WHO) protocols throughout the ESIA process.

\n\n
    \n\t
  1. The Consultant shall identify health and safety issues related to the proposed activity and potential risk of restrictions to land-use, land acquisition, involuntary resettlement, loss of property and amenities and livelihoods resulting from the implementation of the activities and scope the need for a Resettlement Action Plan (RAP). If land acquisition or livelihood impacts are confirmed, the consultant will prepare a Resettlement Action Plan (RAP) or Livelihood Restoration Plan (LRP) consistent with ESS5
    2. \n\t
  2. The Consultant will identify the most relevant and significant environmental and social issues of concern with the aim to focus on them in the ESIA. The Consultant will provide indication of the most appropriate impact identification and evaluation methodologies to be used in preparing the ESIA.
    3. \n
\n\n

Based on the outcomes of the Scoping Study, the Consultant will develop a detailed Terms of Reference (TOR) for the main ESIA to be undertaken in line with Ghana’s Environmental Assessment Regulations, 1999 (LI 1652) and to satisfy the World Bank ESS1 (Assessment and Management of Environmental and Social Risks and Impacts). The TOR shall be incorporated in the Scoping Report. The outline for the Scoping Report and the TOR for the ESIA, will follow the format provided by EPA. The scoping report will be submitted to the EPA, World Bank, and MEST for review and clearance. To properly inform the work completed in Phases 1 and 2, the consultant will need to liaise closely with the MEST/PIU.

\n\n
    \n\t
  1. \n\t
      \n\t\t
    1. Phase 2: Detailed ESIA
      2. \n\t
    \n\t
    2. \n
\n\n

The scope of the ESIA study and the approved Terms of Reference shall be agreed with the EPA, World Bank, and MEST, based on the results of the Scoping Study. Prior to the ESIA, the Consultant will work with the MEST Project Implementing Unit (PIU) to facilitate the registration of the proposed subproject by filling and submitting an Environmental Assessment Registration Form to EPA. This will pave the way and begin formal engagement with the EPA on the environmental permitting process.

\n\n

Collaborating closely with the design consultants, the specific tasks to be undertaken during the ESIA shall include, but not limited to, the following:

\n\n

 

\n\n

 

\n\n

 

\n\n

Task 1: Detailed Description of the Proposed Subproject

\n\n

The Consultant will liaise with MEST/PIU for information/data to prepare a detailed description of the proposed activities. The project description would cover, but not be limited to:

\n\n\n\n\n\n

The description should be illustrated with maps, plans, diagrams and photographs as necessary.

\n\n

Task 2: Specialized Studies

\n\n

For purposes of establishing the baseline and predicting potential impacts, the Consultant will consider undertaking the following field investigations, among others:

\n\n\n\n

Task 3: Review of Legal and Institutional Framework

\n\n

The Consultant will review relevant national and international policies, legislation, regulations, and institutional frameworks which are applicable to (or have implications for) the proposed project activity. The Consultant will discuss the legislation and regulations that have informed the ESIA, including the environmental assessment and permitting process of the Ghana EPA. It is important that the Consultant discusses the applicability of existing standards/guidelines relating to ambient air quality, surface and groundwater quality, ambient noise, and solid waste disposal (including the disposal of contaminated materials). The Consultant will also review the World Bank’s Environmental and Social Framework and Standards which apply to the activities. The Consultant will formulate recommendations on how to close gaps that might exist between Ghana’s environmental policies, laws, regulatory and institutional frameworks and the World Bank’s Environmental and Social Framework and Standards.

\n\n

 

\n\n

Task 4: Baseline Biophysical and Human Environments

\n\n

The Consultant will collect as much primary physical and biological environmental and socio-economic baseline data/information as relevant to the ESIA, supplementing the information with available secondary data as necessary. It is important that the Area of Influence (AoI) of the proposed activities is well defined. Baseline studies must include seasonal (wet and dry season) data collection and consider climate change projections, including sea-level rise, storm surge, and long-term erosion trends. The baseline studies shall utilize GIS-based mapping tools and IBAT-like systems to spatially analyze sensitive habitats and ecosystems. Seasonal (wet and dry) data collection should be conducted for key environmental and social parameters, including water quality, biodiversity, and fisheries. The baseline assessment must also consider transboundary impacts related to sediment dynamics and tidal influences across the Ghana–Togo coastal region. The environmental baseline study would include a description of the current state of the environment in the AoI, focusing on those aspects that can influence and be impacted by the proposed activity, including:

\n\n\n\n

 

\n\n

The baseline socioeconomic characteristics will include:

\n\n\n\n

The list above is indicative of baseline features, and the Consultant is expected to capture additional information that will help in the identification, assessment and mitigation of the impacts.

\n\n

Task 5: Analysis of Alternatives

\n\n

The Consultant will propose alternatives while exploring additional options for the proposed activity. The alternatives should include:

\n\n\n\n

The alternatives should be compared in terms of potential environmental and social impacts. To the extent possible, quantify the costs and benefits of each alternative, incorporating the estimated costs of any associated mitigation measures. Identify the preferred alternative and provide a justification for the selection.

\n\n

Task 6: Stakeholder Consultation and Engagement

\n\n

The Consultant will build on the consultation and engagement activities and outcomes from the scoping phase of the assignment with the aim of engaging comprehensively with stakeholders. The Stakeholder Engagement Plan prepared at the scoping phase will be implemented. The SEP must outline strategies for engaging vulnerable groups (e.g., fisherfolk, women, youth, and persons with disabilities) and describe the grievance redress mechanism (GRM) for both community and worker grievances. It is expected that the engagement activities to be undertaken during this work will be carefully planned and agreed with the MEST/PIU as well as World Bank, in advance of going to site. Materials to be used during stakeholder engagement (including a ‘key messages’ document) will need to be agreed to in advance with the MEST/PIU and the World Bank.

\n\n

 

\n\n

The Consultant would identify all key stakeholders and pay special attention to engaging with and soliciting the concerns and views of the residents, landowners, traditional authority, Municipal Assembly, as well as potential project-affected-persons, including women, youth, persons with disabilities, elderly, and other vulnerable groups, within the area of influence. The Consultant will document all engagement activities with these stakeholders and where necessary, secure written evidence of consent from them with regard to the planned activities.

\n\n

Based on the outcomes of the consultations, the Consultant will advise on measures to enhance the larger WACA Project Grievance Mechanism so that the subproject would have an effective procedure in place to receive and address concerns/complaints from aggrieved residents, individuals and organizations promptly during the period of the proposed activities. This will include measures to ensure the adequacy of referral mechanisms in the event Gender Based Violence (GBV) at the community level is reported related to project implementation. The consultant will include a SEA/SH risk assessment and develop mitigation measures such as codes of conduct, worker training, and referral pathways.

\n\n

Task 7: Identification and Assessment of Potential Risks and Impacts

\n\n

The Consultant will identify and assess potential environmental and social impacts of the proposed activity at the proposed site. Impacts emanating from the Pre-construction, Construction / Development, Operational and Decommissioning phases of the site shall be predicted. Significant potential environmental and social impacts (direct and indirect) must be identified, making use of impact identification methodologies proposed in the scoping report. Impact identification should take into consideration factors such as expectations or concerns of stakeholders, ecological sensitivity of the site, likely pressures from the activities, and the applicable legislative framework. The ESIA must assess cumulative impacts from other ongoing or planned projects in the Lower Volta Basin and potential transboundary impacts related to sediment transport and tidal dynamics across the Ghana–Togo coastal region. The baseline studies shall utilize GIS-based mapping tools and IBAT-like systems to spatially analyze sensitive habitats and ecosystems. Seasonal (wet and dry) data collection should be conducted for key environmental and social parameters, including water quality, biodiversity, and fisheries. The baseline assessment must also consider transboundary impacts related to sediment dynamics and tidal influences across the Ghana–Togo coastal region

\n\n

 

\n\n

The Consultant shall give due consideration to the identification of impacts relating to, among others:

\n\n\n\n\n\n

Task 8: Mitigation and Management Measures

\n\n

The Consultant shall propose measures aimed at avoiding, minimizing or mitigating the adverse impacts at the site. Mitigation measures must follow the mitigation hierarchy: avoid, minimize, mitigate, and compensate for residual impacts. Measures must also be proposed to enhance any positive impacts. These measures must be technically feasible, socially acceptable (i.e., they must consider the views of the main stakeholders, especially residents of nearby communities and potential project-affected-persons) and be cost-effective. The mitigation and enhancement measures should be specifically tailored to the impacts to achieve the aim of avoiding or limiting the negative effects of the proposed activities. Also, the Consultant shall prepare “Chance Find” procedures to be included in the ESIA for use if unanticipated archaeological, historical and sacred sites or materials are encountered during site improvement/construction works at the site.

\n\n

 

\n\n

Task 9: Preparation of Environmental and Social Management Plan (ESMP)

\n\n

The Consultant will prepare an Environmental and Social Management Plan (ESMP). The ESMP will identify the mitigation measures, and the actions needed to implement the mitigation and enhancement measures proposed by the ESIA. The ESMP should identify: (i) set of proposed measures to mitigate potentially adverse impacts; (ii) responsibility and timeframe for implementation of each proposed mitigation measure; (iii) cost of implementing the mitigation measures, and (iv) a monitoring program to verify compliance with the recommended mitigation and assess the effectiveness of the measures implemented. This includes identifying adequate SEA/SH response and mitigation measures based on the risks and impacts identified in Task 7 and in line with guidance on the World Bank’s Good Practice Note for Addressing SEA/SH in Investment Project Financing involving Major Civil Works and the ESMF. The ESMP would also contain measures needed to respond to emergency situations that may occur while executing the proposed activities.

\n\n

The Consultant will prepare a Biodiversity Management Plan (BMP) to provide a clear and concise outline of the actions and methods required to mitigate likely impacts on biodiversity including mitigation of potential impacts on rare, threatened species. The Consultant should prepare the BMP as a separate chapter of the ESIA report.

\n\n

The Consultant will prepare a Cultural Heritage Management Plan (CHMP) which will include results of the assessment of the potential impact of a proposed activity on cultural heritage. The plan should outline measures to be taken before, during and after an activity to manage and protect cultural heritage in the activity area. The Consultant should prepare the CHMP as a separate chapter of the ESIA report.

\n\n

The ESMP must also present a detailed budget for all proposed environmental and social measures, including monitoring and reporting activities, training, and emergency preparedness.

\n\n

 

\n\n

Task 10: Decommissioning and Closure Plan

\n\n

The Consultant will prepare a Decommissioning and Closure Plan to serve as a guide for the formal closure, rehabilitation and long-term monitoring of the site at the end of the subproject. The plan will describe a range of actions necessary to restore the site to the beneficial use of other land users. The Consultant should prepare the decommissioning and closure plan as a separate chapter of the ESIA report. The Consultant will seek and take into consideration the views of the landowners, traditional authority, residents, and the relevant Municipal Assemblies in the development of the plan.

\n\n

 

\n\n

Task 11: Preparation of Environment and Social Impact Assessment Report

\n\n

The Consultant will prepare the ESIA report for the subproject. The ESIA report will be a compilation of the outcomes of activities undertaken during the ESIA to develop a detailed description of the site and the proposed activities; characterize the baseline physical, biological and social environments; analyse subproject alternatives; consult with stakeholders; identify and assess potential impacts; recommend mitigation, enhancement and monitoring measures and develop environmental and social management measures.

\n\n
    \n\t
  1. DELIVERABLES
    2. \n
\n\n

The following reports shall be prepared and presented by the Consultant to MEST/PIU:

\n\n

 

\n\n
    \n\t
  1. \n\t
      \n\t\t
    1. Scoping Report
      2. \n\t
    \n\t
    2. \n
\n\n

The Consultant will prepare and submit ten (10) hard copies and an electronic copy of the Scoping Report (in MS Word and pdf) to MEST/PIU within three (3) weeks from the Commencement Date of the contract. Once cleared, the PIU will facilitate the submission of the Scoping Report to EPA for approval as required by the Ghana Environmental Assessment (EA) procedure.

\n\n
    \n\t
  1. \n\t
      \n\t\t
    1. Draft Environmental and Social Impact Assessment Report
      2. \n\t
    \n\t
    2. \n
\n\n

The Consultant will prepare and submit ten (10) hard copies and an electronic copy (in MS Word and pdf) of the draft ESIA report to MEST/PIU within eight (8) weeks after the World Bank and MEST/PIU provide the Consultant with a compilation of review comments on the Scoping Report and indicate agreement with the Terms of Reference.

\n\n
    \n\t
  1. \n\t
      \n\t\t
    1. Final Environmental and Social Impact Assessment Report
      2. \n\t
    \n\t
    2. \n
\n\n

The main deliverable of this assignment will be a final ESIA Report on the proposed activities.  The Consultant will submit ten (10) hard copies and an electronic copy (in MS Word and pdf) of the final ESIA report to MEST/PIU within two (2) weeks after receipt of the compilation of review comments on the draft ESIA report from the PIU. 

\n\n
    \n\t
  1. \n\t
      \n\t\t
    1. Budget: The ESMP shall include a costed implementation plan, outlining the estimated costs for mitigation measures, monitoring, stakeholder engagement, SEA/SH mitigation, and capacity-building activities.
      2. \n\t
    \n\t
    2. \n
\n\n

 

\n\n

 

\n\n

The deliverables and time schedules are presented in the table below:

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Reports

\n\t\t\t		\n\t\t\t

Time schedule

\n\t\t\t		\n\t\t\t

No. of copies of Report

\n\t\t\t
\n\t\t\t

Scoping Report

\n\t\t\t		\n\t\t\t

To be submitted within 3 weeks after submission of the Inception Report

\n\t\t\t		\n\t\t\t

Ten (10) hard copies and a soft copy

\n\t\t\t
\n\t\t\t

Draft ESIA Report

\n\t\t\t		\n\t\t\t

To be submitted within eight (8) weeks from date of acceptance of the Scoping Report/Terms of Reference for the ESIA

\n\t\t\t		\n\t\t\t

Ten (10) hard copies and a soft copy

\n\t\t\t
\n\t\t\t

Final ESIA Report

\n\t\t\t		\n\t\t\t

To be submitted within 2 weeks after consultant is provided with review comments on draft ESIA report

\n\t\t\t		\n\t\t\t

Ten (10) hard copies and a soft copy

\n\t\t\t
\n\n
    \n\t
  1. REQUIRED EXPERTISE OF CONSULTING FIRM
    2. \n
\n\n

The Consulting firm must be a legally registered consulting firm in Ghana. Other characteristics of the firm include:

\n\n\n\n

Technical Competence of the firm should include technical qualifications of the firm in undertaking similar assignment.  Project references submitted should accurately reflect the experience of the specified firm.

\n\n\n\n\n\n\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

The firm is required to field a team of experts, including an Environmental and Social Assessment Expert, Social Development Expert, Hydrologist, and Biodiversity Expert to undertake the ESIA, under the leadership and supervision of a Lead Consultant. The experts should meet the following criteria:

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n\n\n

 

\n\n\n\n

Knowledge and experience with World Bank Environmental and Social Framework and safeguard policies and EPA’s environmental assessment procedures

\n\n\n\n

 

\n\n\n\n

 

\n\n\n\n
    \n\t
  1. REPORTING RELATIONSHIP
    2. \n
\n\n

The Consultant shall submit the:

\n\n\n\n
    \n\t
  1. CLIENT’S INPUT
    2. \n
\n\n

PIU MEST will provide the Consultant with the following:

\n\n
    \n\t
  1. Project-related documents (concept paper, project information document)
    2. \n\t
  2. Any available documents on the sites, including site plan, layout, conceptual designs, etc.;
    3. \n\t
  3. WACA Project, Environmental and Social Management Framework, Stakeholder Consultations and Engagement Plan, Resettlement Policy Framework, Labour Management Plan, and Gender Assessment
    4. \n\t
  4. Facilitation of access to the site and to the landowners, where necessary,
    5. \n\t
  5. Technical support by WACA Project’s team, if necessary.
    6. \n
\n\n
    \n\t
  1. DISCLOSURE
    2. \n
\n\n

MEST/PIU will facilitate the disclosure of the Scoping Report and the ESIA report by making copies available to the World Bank and the Anloga Municipal Assembly. The World Bank will publish the final ESIA report on the Bank’s website.

"},{"id":"OP00358348","notice_type":"Request for Expression of Interest","noticedate":"19-May-2025","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2025-06-06T00:00:00Z","submission_deadline_time":"17:00","project_ctry_name":"Papua New Guinea","project_id":"P174637","project_name":"Child Nutrition and Social Protection Project","bid_reference_no":"PG-DFCDR-489507-CS-CQS","bid_description":"Consultancy Services for Enhancement of the Nextgen Beneficiary Management Systems for Program Scale Up and Integration of Additional Functions","procurement_group":"CS","procurement_method_code":"CQS","procurement_method_name":"Consultant Qualification Selection","contact_address":"P.O Box 7354, Boroko, Sambra Haus, Kumul Avenue, Waigani, 675 Port Moresby, Papua New Guinea","contact_ctry_name":"Papua New Guinea","contact_email":"nanplasj@gmail.com","contact_name":"Joseph Klapat","contact_organization":"Department of Community Development and Religion","contact_phone_no":"72122292","contact_web_url":"http://www.dfcd.gov.pg","submission_date":"2025-05-19T00:00:00Z","notice_text":"

REQUEST FOR EXPRESSIONS OF INTEREST

\n\n

(CONSULTING SERVICES – FIRMS SELECTION)

\n\n

Country: Independent State of Papua New Guinea

\n\n

Name of Project: Child Nutrition and Social Protection Project (CNSP)

\n\n

Loan No./Credit No: 7072

\n\n

Implementing Agency: Department for Community Development and Religion (DfCDR)

\n\n

 

\n\n

Assignment Title: Consultancy Services for Enhancement of the Nextgen Beneficiary Management Systems for Program Scale Up and Integration of Additional Functions  

\n\n

Reference No. (as per Procurement Plan): PG-DFCDR-489507-CS-CQS  

\n\n

 

\n\n
    \n\t
  1. The Government of the Independent State of Papua New Guinea has received financing from the World Bank, in the amount of US$90 million for the Child Nutrition and Social Protection Project and intends to apply part of the proceeds for consulting services
    2. \n
\n\n

 

\n\n
    \n\t
  1. The primary objective of this assignment is to support the implementation and scale up of the CNSP program through the strengthening of the MIS
    2. \n
\n\n

 

\n\n
    \n\t
  1. Duration of the Assignment is expected to be 12 months from the date of signing the contract.
    2. \n
\n\n

 

\n\n
    \n\t
  1. The detailed Terms of Reference (TOR) for the assignment can be obtained at the address given below.
    2. \n
\n\n

 

\n\n
    \n\t
  1. The Department for Community Development and Religion (DfCDR) now invites eligible consulting firms (“Consultants”) to indicate their interest in providing the Services. Interested Consultants should provide information demonstrating that they have the required qualifications and relevant experience to perform the Services.
    2. \n
\n\n

 

\n\n
    \n\t
  1. The firm should possess the following qualifications and experience criteria:
    2. \n
\n\n\n\n

 

\n\n

Note:

\n\n
    \n\t
  1. Key Experts will not be evaluated at the shortlisting stage.
    2. \n\t
  2. While indicating information relating to (proven experience), it shall be made clear whether responsibility of the firm was in the capacity of a principal firm (lead partner) or as an associated firm (sub-consultant/JV partner) with detail delineation of the scope of the services.
    3. \n\t
  3. Firms submitting their EoI response as Joint Venture (JV) will be evaluated individually for all of the above criteria, while only lead firm will be evaluated in case of a submission with sub-consultancy or consortium.
    4. \n
\n\n

 

\n\n
    \n\t
  1. The attention of interested Consultants is drawn to Section III, paragraphs, 3.14, 3.16, and 3.17 of the World Bank’s “Procurement Regulations for IPF Borrowers” 5th Edition, September 2023 (“Procurement Regulations”), setting forth the World Bank’s policy on conflict of interest. 
    2. \n
\n\n

 

\n\n
    \n\t
  1. Consultants may associate with other firms to enhance their qualifications but should indicate clearly whether the association is in the form of a joint venture and/or a sub-consultancy. In the case of a joint venture, all the partners in the joint venture shall be jointly and severally liable for the entire contract, if selected.
    2. \n
\n\n

 

\n\n
    \n\t
  1. A Consultant will be selected in accordance with the Consultant Qualification Selection (CQS) method as set out in Section VII, paragraph 7.3 of World Bank’s “Procurement Regulations for IPF Borrowers”, 5th Edition September 2023 (Procurement Regulations) and to be specifically set out in the Request for Proposals.
    2. \n
\n\n

 

\n\n
    \n\t
  1. Further information can be obtained at the address below during office hours: 0900 to 1600 hours.
    2. \n
\n\n

 

\n\n
    \n\t
  1. Expressions of interest must be delivered in a written form to the address below by email, by 06 June 2025 at 1700 hrs. PNG Time.
    2. \n
\n\n

 

\n\n

 

\n\n

Department for Community Development and Religion

\n\n

Attn: Project Manager

\n\n

Waigani, Port Moresby

\n\n

Papua New Guinea

\n\n

E-mail: josephklapat@gmail.com with a copy to: procurement.cnsp@gmail.com 

\n\n

 

\n\n

==================================================================

\n\n

Terms of Reference (TOR)

\n\n

 

\n\n

TITLE: ENHANCEMENT OF THE NEXTGEN BENEFICIARY MANAGEMENT SYSTEMS FOR PROGRAM SCALE UP AND INTEGRATION OF ADDITIONAL FUNCTIONS

\n\n

 

\n\n

PROJECT: CHILD NUTRITION SOCIAL PROTECTION PROJECT (CNSP) PROJECT

\n\n

 

\n\n

 

\n\n

CLIENT: DEPARTMENT OF COMMUNITY DEVELOPMENT AND RELIGION

\n\n

 

\n\n

 

\n\n

PORT MORESBY

\n\n

 

\n\n

 

\n\n

DURATION: July 2025 – June 2026

\n\n

 

\n\n

 

\n\n
    \n\t
  1. Background
    2. \n
\n\n

 

\n\n

The Department of Community Development and Religion (DfCDR) – with support from the World Bank

\n\n\n\n

 

\n\n

The Child Nutrition and Social Protection (CNSP) Project – branded as NextGen – is a Government of Papua New Guinea (GoPNG) initiative, which aims to improve utilization of priority nutrition interventions and purchasing power of first thousand-day households in selected districts. It has three components.

\n\n

 

\n\n\n\n

(DfCDR)

\n\n\n\n

 

\n\n

The target beneficiaries and recipients of the child grant are pregnant women or caretakers of young children under the age of 2. In terms of geographic coverage, the project will focus on a subset of provinces and districts that have strong commitment and reasonable local capacity for implementation. A phased approach of the program will follow to gradually expand the operation in 19 districts. For the pilot implementation period in 2024, four (4) districts were selected by GoPNG – North Fly District of Western Province (Southern Region), Kundiawa-Gembogl District of Chimbu Province (Highlands Region), Madang District of Madang Province (Momase Region), and Gazelle District of East New Britain Province (Islands Region). Payment service providers (PSPs) play an important role in opening new accounts and distributing the grant to beneficiaries. Benefits are paid through digital payment channels facilitated by the PSPs. To promote optimal use of the cash transfer, recipients are informed of the purpose of the benefit, how much, when, and for how long they can expect to receive the transfers to help them make informed choices on how to wisely spend the government assistance.

\n\n

 

\n\n

The effective and efficient delivery of the child nutrition grant is underpinned by the Beneficiary Management System that enables the provision of social protection services reliably, regularly, accessibly and securely by the DfCDR. The department is now seeking a technology company and partner to support the development, implementation and rollout of additional functions, modules and services for the CNSP MIS as a foundational step towards integrated information management for social protection delivery.

\n\n

 

\n\n
    \n\t
  1. Objectives
    2. \n
\n\n

 

\n\n

The primary objective of this assignment is to support the implementation and scale up of the CNSP program through the strengthening of the MIS. The CNSP MIS is designed to support the Program Operations Manual by facilitating the following aspects of the social protection delivery chain:

\n\n

 

\n\n\n\n

 

\n\n
    \n\t
  1. Scope of Work
    2. \n
\n\n

 

\n\n

The selected firm will be responsible for the following tasks:

\n\n

 

\n\n
    \n\t
  1. Delivery of Integration Services: Facilitate integration of the MIS with external systems and services that require data exchange for service provision and/or reporting\n\n\t\n\t
    2. \n
\n\n

integration solutions, including the production of detailed design documentation with sample files and messages, location and access for log files, exceptions handling and common errors encountered.

\n\n\n\n

 

\n\n
    \n\t
  1. Design and Implementation of Mobile-Ready Modules:\n\n\t\n\t
    2. \n
\n\n

accessed by CDWs and VHAs:

\n\n\n\n

 

\n\n
    \n\t
  1. Enhancements to Web-based MIS functions. Manage the requirements, design change and implementation for enhancements to the existing web-based modules and processes based on feedback from the project pilot:\n\n\t\n\t
    2. \n
\n\n

relevant indicators

\n\n\n\n

DfCDR approval.

\n\n

 

\n\n
    \n\t
  1. End-to-End System Integration Testing and Quality Assurance: Manage the quality assurance of the CNSP MIS, including integration and service delivery at the community level through to national level administration.
    2. \n
\n\n

 

\n\n\n\n

 

\n\n
    \n\t
  1. Training and Documentation: The selected firm will be responsible for developing and delivering comprehensive training and user documentation to ensure that program staff across all levels – national, provincial, district, and community—can effectively use the CNSP MIS and associated tools.\n\n\t\n\t
    2. \n
\n\n

future trainers

\n\n\n\n

 

\n\n
    \n\t
  1. Deployment and Support: The selected firm will be responsible for managing the successful deployment of the CNSP MIS and its components across project pilot and scale-up locations.\n\n\t\n\t
    2. \n
\n\n

setup for community level operations.

\n\n\n\n

 

\n\n

 

\n\n
    \n\t
  1. Key Deliverables
    2. \n
\n\n

 

\n\n

The firm is expected to deliver the following:

\n\n

The following key deliverables will be delivered by the  firm:

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Key Deliverable

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Anticipated effort

\n\t\t\t
\n\t\t\t

Key deliverable 1: Submission of a project workplan

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

One week from commencement of assignment

\n\t\t\t
\n\t\t\t

Key Deliverable 2:

\n\n\t\t\t

Design documentation for the upgraded mobile and web components and modules of the MIS, including functional and non-functional design requirements, process flows, and mock-ups where relevant.

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Four weeks (or Month 1) after submission and acceptance of key deliverable 1

\n\t\t\t
\n\t\t\t

Key Deliverable 3: System Integration Test Plan and Test Results Report, including defect logs, resolution actions, and sign-off from DfCDR.

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Seven weeks (or Month 3) after submission and acceptance of key deliverable 2

\n\t\t\t
\n\t\t\t

Key Deliverable 4: Training Materials and Train of Trainers (ToT) Package, including role-specific user guides, presentation slide decks, video tutorials (where necessary) and a ToT facilitator manual.

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Eight weeks (or Month 5) after submission of key deliverable 3

\n\n\t\t\t

 

\n\t\t\t
\n\t\t\t

Key Deliverable 5: System Documentation, including both technical (e.g., system architecture, APIs) and functional (e.g., workflows, permissions) aspects.

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Within twenty weeks (or Month 11) after submission and acceptance of key deliverable 3.

\n\t\t\t
\n\t\t\t

Key Deliverable 6: Post-Deployment Review and Recommendations Report, capturing lessons learned, improvement areas, and a roadmap for future enhancements.

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Before the expiry date of the assignment or on Month 12. 

\n\t\t\t
\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n
    \n\t
  1.      Shortlisting criteria of the firm
    2. \n
\n\n

The following criteria will be used to shortlist a firm:

\n\n

5.1 Qualifications and Experience of the firm

\n\n

 

\n\n\n\n

 

\n\n

5.2 Proposed team key experts No

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

No.

\n\t\t\t		\n\t\t\t

Resource

\n\t\t\t		\n\t\t\t

Skillsets

\n\t\t\t		\n\t\t\t

Required Experience

\n\t\t\t
\n\t\t\t

1

\n\t\t\t		\n\t\t\t

Lead Software Developer

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  • Full stack development
    • \n\t\t\t\t
  • Team leadership
    • \n\t\t\t\t
  • Technology stack and DevOps management
    • \n\t\t\t\t
  • Ability to support team on best
    • \n\t\t\t
\n\n\t\t\t

practice on development processes, including appropriate commenting on code, continuous testing, code

\n\n\t\t\t

reviews, etc.

\n\n\t\t\t
    \n\t\t\t\t
  • Ability to act as the central point of
    • \n\t\t\t
\n\n\t\t\t

contact for development approach and plans

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  • Act as a full-stack developer with at least 5 years of
    • \n\t\t\t
\n\n\t\t\t

experience, proficient in:

\n\n\t\t\t
    \n\t\t\t\t
  • \n\t\t\t\t
      \n\t\t\t\t\t
    • JavaScript, NodeJS, AngularJS, PHP, HTML, CSS, AJAX.
      • \n\t\t\t\t\t
    • Node.js and Laravel (PHP) frameworks.
      • \n\t\t\t\t\t
    • Database management systems such as MySQL, PostgreSQL, and others.
      • \n\t\t\t\t
    \n\t\t\t\t
    • \n\t\t\t\t
  • Utilize expertise in WebServices/WebAPI
    • \n\t\t\t
\n\n\t\t\t

(RESTful) and code repository management (GitHub/BitBucket).

\n\n\t\t\t
    \n\t\t\t\t
  • Ensure robust integration and smooth operation of the CNSP
    • \n\t\t\t
\n\n\t\t\t

MIS within the cloud or dedicated hosting

\n\n\t\t\t

environments.

\n\t\t\t
\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

2

\n\t\t\t		\n\t\t\t

Mobile Application Developer

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  • Expertise in mobile application
    • \n\t\t\t
\n\n\t\t\t

development, cross-platform

\n\n\t\t\t

frameworks (e.g., Flutter, React Native), UI/UX design

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  • 5+ years in mobile app
    • \n\t\t\t
\n\n\t\t\t

development, with a portfolio of similar projects

\n\t\t\t
\n\t\t\t

3

\n\t\t\t		\n\t\t\t

Additional Senior / Junior Full Stack Developers

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  • Expertise in front-end and back-end development and database
    • \n\t\t\t
\n\n\t\t\t

management

\n\n\t\t\t
    \n\t\t\t\t
  • Experience with APIs, middleware, data integration, and system
    • \n\t\t\t
\n\n\t\t\t

interoperability

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  • 5+ years in full-stack development, with proficiency
    • \n\t\t\t
\n\n\t\t\t

in systems integration, JavaScript, PHP, etc.

\n\t\t\t
\n\t\t\t

4

\n\t\t\t		\n\t\t\t

Business Analyst / Quality Assurance Specialist

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  • Proficiency in developing design
    • \n\t\t\t
\n\n\t\t\t

documentation, including process diagrams, database and integration design definition, etc.

\n\n\t\t\t
    \n\t\t\t\t
  • Proficiency in the definition of Quality Assurance approach and associated
    • \n\t\t\t
\n\n\t\t\t

testing documentation, including test plans, test coverage and test cases

\n\n\t\t\t
    \n\t\t\t\t
  • Proficiency in executing and
    • \n\t\t\t
\n\n\t\t\t

managing automated and manual

\n\n\t\t\t

testing, user acceptance testing (UAT), and mobile application testing

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  • 5+ years in supporting design and QA, with experience in
    • \n\t\t\t
\n\n\t\t\t

supporting and testing complex systems and mobile

\n\n\t\t\t

applications

\n\t\t\t
\n\t\t\t

5

\n\t\t\t		\n\t\t\t

Technical Writer

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  • Strong documentation skills,
    • \n\t\t\t
\n\n\t\t\t

experience in creating user guides, technical manuals, and knowledge

\n\n\t\t\t

transfer documentation

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  • 5+ years in an analyst, support
    • \n\t\t\t
\n\n\t\t\t

or technical writing role, particularly for IT systems

\n\t\t\t
\n\n

 

\n\n

At various stages of the project, non -key experts may be required to support the above core resources:

\n\n\n\n

for testing and live environments. Experience with both cloud and on-site client dedicated server hosting solutions are essential

\n\n\n\n

 

\n\n

 

\n\n
    \n\t
  1. Timeline
    2. \n
\n\n

 

\n\n

The project is expected to commence in July 2025 and be completed by June 2026. The selected company should submit a detailed project timeline depicting only the development phase with options for maintenance /service (SLAs) as part of the proposal.

\n\n

 

\n\n
    \n\t
  1. Reporting and Communication
    2. \n
\n\n

 

\n\n\n\n

 

\n\n\n\n

 

\n\n

 

\n\n

 

\n\n

 

"},{"id":"OP00348638","notice_type":"Request for Expression of Interest","noticedate":"28-Mar-2025","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2025-04-11T00:00:00Z","submission_deadline_time":"17:00","project_ctry_name":"Ukraine","project_id":"P504171","project_name":"Lifting Education Access and Resilience in times of Need in Ukraine Program","bid_reference_no":"LEARN-2.2-CONCEPT","bid_description":"Development of Conceptual Frameworks for Educational Domain","procurement_group":"CS","procurement_method_code":"CQS","procurement_method_name":"Consultant Qualification Selection","contact_address":"01135, Kyiv, Peremohy ave, 10","contact_ctry_name":"Ukraine","contact_email":"kateryna.kovtun@mon.gov.ua","contact_name":"Kateryna Kovtun","contact_organization":"Ministry of Education and Science of Ukraine","contact_phone_no":"+380 (96) 730-9889","contact_web_url":"https://mon.gov.ua/","submission_date":"2025-03-28T00:00:00Z","notice_text":"

REQUEST FOR EXPRESSIONS OF INTEREST

\n\n

(CONSULTING SERVICES – FIRMS SELECTION)

\n\n

UKRAINE

\n\n

 

\n\n

Country: Ukraine

\n\n

Program: «Lifting Education Access and Resilience in times of Need in Ukraine Program»

\n\n

Grant №: TF0C5794

\n\n

Project №: P504171

\n\n

Assignment Title: Consultancy Services for the Development of Conceptual Frameworks for Educational Domains

\n\n

Contract Package ID: LEARN-2.2-CONCEPT

\n\n

 

\n\n

Ukraine and the World Bank have signed the agreements for the Program "Lifting Education Access and Resilience in times of Need in Ukraine Program" (hereinafter referred to as the LEARN).

\n\n

The objectives of the LEARN are: to (i) improve teaching and learning conditions; and (ii) to strengthen the management capacity of the education system.

\n\n

Furthermore, the Investment Project Financing (IPF) is secured under the Grant Agreement between Ukraine and the International Bank for Reconstruction and Development and the International Development Association, acting as the administrator of the Ukraine Relief, Recovery, Reconstruction, and Reform Multi-Donor Trust Fund (URTF GRANT NUMBER TF0C5794) (hereinafter the IPF will be referred to as the Project).

\n\n

The Ministry of Education and Science intends to use a portion of these funds for authorized payments for consulting services, for which this REoI has been issued.

\n\n

Consulting services (hereinafter referred to as "Services") include: developing updated educational domain concepts that align with the State Educational Standard, ensuring a structured, competency-based approach to curriculum design and instructional planning. The concepts refer to detailed subject-area frameworks that define key learning objectives, expected student competencies, cross-disciplinary integration, and assessment principles. These documents will serve as guiding references for curriculum developers, educators, and educational material creators, ensuring a consistent and modernized approach to teaching across all grades.

\n\n

The consulting company selected based on the results of the selection process must:

\n\n\n\n

The expected period for the Consultant to provide services for the development of conceptual frameworks for the educational sectors, including the organization and conduct of the final event, is approximately 4 calendar months.

\n\n

Detailed information regarding the provision of the specified Services is provided in the Terms of Reference (hereinafter referred to as "TOR"), which is attached.

\n\n

The Ministry of Education and Science of Ukraine (hereinafter referred to as the "Client") invites qualified consulting companies (hereinafter referred to as "Consultants") to express their interest in providing the specified Services. Interested Consultants must provide information that confirms their qualifications and experience required to perform the Services.

\n\n

The evaluation of the expressions of interest provided by the Consultants will be carried out based on the following criteria:

\n\n

General experience of consulting firm:

\n\n\n\n

Particular experience of consulting firm in the field of assignment:

\n\n\n\n

Availability of technical and organizational capabilities:

\n\n\n\n

Criteria for evaluating the Consultant's qualifications:

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

№

\n\t\t\t		\n\t\t\t

Requirement

\n\t\t\t		\n\t\t\t

Score

\n\t\t\t
\n\t\t\t

1.

\n\t\t\t		\n\t\t\t

General experience of consulting firm

\n\t\t\t		\n\t\t\t

15

\n\t\t\t
\n\t\t\t

2.

\n\t\t\t		\n\t\t\t

Particular experience of consulting firm in the field of assignment

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

2.1.

\n\t\t\t		\n\t\t\t

Experience in the development of conceptual frameworks, strategies, or models in the education sector or other domains relevant to the subject matter of the procurement will be considered an advantage

\n\t\t\t		\n\t\t\t

45

\n\t\t\t
\n\t\t\t

2.2.

\n\t\t\t		\n\t\t\t

Documented experience executing educational projects for international organizations (e.g., World Bank, UNICEF, or equivalent)

\n\t\t\t		\n\t\t\t

30

\n\t\t\t
\n\t\t\t

3.

\n\t\t\t		\n\t\t\t

Availability of technical and organizational capabilities

\n\t\t\t		\n\t\t\t

10

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Total:

\n\t\t\t		\n\t\t\t

100

\n\t\t\t
\n\n

The attention of interested Consultants is drawn to Section III, items 3.14, 3.16, and 3.17 of the World Bank Procurement Regulations for IPF Borrowers, dated September 2023  (hereinafter referred to as the "Procurement Regulations"), which contains the World Bank's policy regarding conflict of interest.

\n\n

 

\n\n

Consultants may associate with other firms to enhance their qualifications, but should indicate clearly whether the association is in the form of a joint venture and/or a sub-consultancy. In the case of a joint venture, all the partners in the joint venture shall be jointly and severally liable for the entire contract, if selected.

\n\n

 

\n\n

Selection of a Consultant will be performed in accordance with Consultant’s Qualification-based Selection (CQS) method following World Bank’s Procurement Regulations.

\n\n

Further information may be obtained at the address below during office hours from 09.00 to 18.00

\n\n

of Kyiv time.

\n\n

Expressions of interest must be submitted in Ukrainian or English via email to the address: kateryna.kovtun@mon.gov.ua  Cc: serhiy.artemenko@uiherp.org; oleksandr.radchenko@uiherp.org by 5:00 PM Kyiv time on April 11, 2025.

\n\n

Expressions of interest to be clearly marked: "LEARN-2.2-CONCEPT: Expression of Interest".

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

TERMS OF REFERENCE

\n\n

 

\n\n

Consultancy Services for the

\n\n

Development of Conceptual Frameworks for Educational Domains

\n\n

 

\n\n

Strategic, financial and people management

\n\n

 

\n\n

Contract No. [LEARN-2.2-CONCEPT]

\n\n

World Bank Project ID No.: P504171, Grant Number: TF0C5794

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

List of acronyms and abbreviations 

\n\n

 

\n\n

MOES: Ministry of Education and Science of Ukraine

\n\n

NUS: New Ukrainian School

\n\n

IBRD: International Bank for Reconstruction and Development

\n\n

PDF: Portable Document Format

\n\n

Word: Microsoft Word Document Format

\n\n

 

\n\n

 

\n\n

Development of Conceptual Frameworks for Educational Domains

\n\n

I. BACKGROUND

\n\n

 

\n\n

Ukraine and the World Bank have signed the agreements for the Program "Lifting Education Access and Resilience in times of Need in Ukraine Program" (hereinafter referred to as the LEARN).

\n\n

 

\n\n

The objectives of the LEARN are: to (i) improve teaching and learning conditions; and (ii) to strengthen the management capacity of the education system.

\n\n

 

\n\n

Furthermore, the Investment Project Financing (IPF) is secured under the Grant Agreement between Ukraine and the International Bank for Reconstruction and Development and the International Development Association, acting as the administrator of the Ukraine Relief, Recovery, Reconstruction, and Reform Multi-Donor Trust Fund (URTF GRANT NUMBER TF0C5794) (hereinafter the IPF will be referred to as the Project).

\n\n

 

\n\n

The Project complements the LEARN by supporting the piloting of the NUS reform in grades 8 to 12 and strengthening the MoES’capacity for education system management.

\n\n

 

\n\n

The Project will provide technical support to pilot the NUS reform in selected schools for grades 8 to 12, through: (i) developing, printing, delivering, and testing teaching and learning materials for the NUS Pilot; (ii) developing and carrying out training programs to teachers, school principals, and their deputies; (iii) providing technical assistance to design a fit-for-purpose instrument for measuring teacher classroom practices and to implement said instrument in a sample of classrooms in grades 8 and 9; and (iv) providing STEM, ICT, and other required equipment aligned with the NUS standards to schools in the NUS Pilot at the basic education level for grades 8 to 12.

\n\n

Importantly, the IPF will also strengthen the management capacity of the MoES to manage, monitor, and evaluate the rollout of the NUS reform through: (i) providing technical assistance to the MoES’ units responsible for NUS implementation; (ii) strengthening the Ukrainian Institute of Education Development (“UIRO”) capacity; (iii) creating a Special Online Platform (“SOP”) for State Final Examination (“DPA”); (iv) modernizing the education management information system (“AIKOM”); (v) improving the education infrastructure planning.

\n\n

Integration with Conceptual Frameworks for Educational Domains

\n\n

 

\n\n

This activity focuses on developing updated educational domain concepts that align with the State Educational Standard, ensuring a structured, competency-based approach to curriculum design and instructional planning and is necessary for achieving the Project’s objectives, particularly in relation to the development, printing, delivery, and piloting of educational and didactic materials for the NUS pilot project; as well as the development and implementation of training programs for teachers, school principals, and their deputies.

\n\n

 

\n\n

The concepts refer to detailed subject-area frameworks that define key learning objectives, expected student competencies, cross-disciplinary integration, and assessment principles. These documents will serve as guiding references for curriculum developers, educators, and educational material creators, ensuring a consistent and modernized approach to teaching across all grades.

\n\n

Scope and Impact

\n\n

With a funding commitment of $415 million and a timeline extending to 2027, LEARN represents a transformative effort to ensure every child in Ukraine has access to safe, high-quality education. The initiative not only addresses immediate challenges posed by the conflict but also lays the groundwork for a resilient and future-ready education system.

\n\n

The Consultant’s role in this program is critical, as they will design and implement robust frameworks and strategies to meet the evolving demands of Ukraine’s education system. These efforts will contribute to long-term educational recovery, resilience, and equity, ensuring that Ukrainian students are prepared for the challenges of a globalized, knowledge-driven world.

\n\n

II. OBJECTIVE

\n\n

This activity focuses on developing updated educational domain concepts that align with the State Educational Standard, ensuring a structured, competency-based approach to curriculum design and instructional planning. The concepts refer to detailed subject-area frameworks that define key learning objectives, expected student competencies, cross-disciplinary integration, and assessment principles. These documents will serve as guiding references for curriculum developers, educators, and educational material creators, ensuring a consistent and modernized approach to teaching across all grades.

\n\n

Purpose of the Conceptual Frameworks for Educational Domains

\n\n

The development of the conceptual frameworks serves multiple interconnected purposes:

\n\n
    \n\t
  1. Modernizing Education: Aligning the content and objectives of each educational domain with the principles of the "New Ukrainian School" (NUS) reform and the State Standards for Secondary Education, ensuring a competency-based, innovative, and inclusive approach.
    2. \n\t
  2. Fostering Student Resilience: Addressing the unique challenges faced by Ukrainian educators and students, particularly those related to conflict, displacement, and the need for adaptive education systems.
    3. \n\t
  3. Enhancing Learning Outcomes: Providing clear guidance on expected learning outcomes, effective teaching strategies, and assessment tools tailored to the needs of each educational domain.
    4. \n\t
  4. Promoting Global Integration: Ensuring that Ukraine’s education system reflects global best practices, fostering cross-disciplinary competencies like critical thinking, digital literacy, and problem-solving.
    5. \n\t
  5. Ensuring Inclusivity: Developing frameworks that prioritize equitable access to quality education for all students, including those with special educational needs and those affected by the ongoing conflict.
    6. \n
\n\n

Framework Implementation

\n\n

The frameworks will act as comprehensive guides that:

\n\n\n\n

Additionally, the Consultant will develop a user-friendly digital portal that enables educators, policymakers, and other stakeholders to conveniently access domain-specific content, refine searches through robust filtering, and share best practices and teaching tools. This portal will be regularly updated via an administrative interface to align with Ukraine’s evolving educational needs, fostering collaboration and ensuring the frameworks remain relevant. To conclude the project and encourage broader engagement, a final event will be organized to present the completed frameworks and portal, gather feedback, and outline next steps for their implementation.

\n\n

The assignment will adhere to the policies and regulations outlined by Ukrainian legislation and the World Bank, ensuring that the frameworks are practical, adaptable, and responsive to both immediate and long-term needs. These efforts aim to position Ukraine’s education system as a model of resilience, inclusivity, and excellence, empowering students to thrive in a globalized world.

\n\n

III. SCOPE OF SERVICES

\n\n

The selected consultant will be responsible for delivering the following key components to support the development and implementation of conceptual frameworks for 10 educational domains: (i) language and literature; (ii) foreign languages; (iii) civic and historical; (iv) maths; (v) science; (vi) technology; (vii) art; (viii) social and health; (ix) IT; (x) physical education. Each task must be executed with precision, professionalism, and alignment with the outlined goals and requirements.

\n\n

Component 1. Formation of Expert Teams and Development of Conceptual Frameworks

\n\n

The consultant will form 10 expert teams (the final list of experts is approved by the Ministry of Education and Science of Ukraine) and coordinate the development of conceptual frameworks for 10 educational domains. These frameworks will serve as comprehensive guides for modernizing the education system and aligning it with the goals of the "New Ukrainian School" (NUS) and international best practices.

\n\n

Definition and Components of Conceptual Frameworks

\n\n

Conceptual frameworks are strategic documents that outline the vision, objectives, and practical components of each educational domain. They provide clear guidance for educators, policymakers, and curriculum developers. Each framework must include:

\n\n\n\n

The consultant must ensure that the development process is collaborative and inclusive, involving stakeholders such as educators, policymakers, and domain-specific experts.

\n\n

Additional Requirements for Priority Domains (Technological, Natural Sciences, Arts)

\n\n

For the three priority domains (technological, natural sciences, and arts) the consultant must also develop the following additional components:

\n\n\n\n

Component 2: Organization of the Final Event – Project Presentation

\n\n

The consultant will organize and facilitate a final event to officially present the outcomes of the project, including the finalized conceptual frameworks for educational domains. The event will serve as a platform to engage key stakeholders, showcase the results, and highlight the next steps for implementation.

\n\n

Event Format

\n\n\n\n

Logistical Support

\n\n

The consultant will ensure seamless organization and logistics for the event, including:

\n\n\n\n

The final event aims to:

\n\n
    \n\t
  1. Present Finalized Conceptual Frameworks: Showcase the outcomes of the project and highlight the key changes in educational domains.
    2. \n\t
  2. Engage Stakeholders: Provide an opportunity for teachers, experts, and other stakeholders to discuss the updates and understand their implementation plans.
    3. \n\t
  3. Build Awareness and Trust: Reinforce confidence in the updates and their alignment with the goals of the "New Ukrainian School" reform.
    4. \n\t
  4. Facilitate Knowledge Sharing: Encourage interdisciplinary collaboration to ensure coherence and integration across educational domains.
    5. \n
\n\n

Component 3: Editing and Layout of the Conceptual Frameworks and supporting materials

\n\n

This component focuses on ensuring the conceptual frameworks are polished, visually engaging, and effectively disseminated to key audiences. It also incorporates creative elements to make the frameworks more relatable and engaging for children, educators, and the broader community.

\n\n

C3.1. Literary Editing

\n\n\n\n

C3.2. Graphic Design and Layout of the Finalized Conceptual Frameworks

\n\n\n\n

C3.3. Development of 10 Illustrated Characters Representing the Educational Domains

\n\n\n\n

 

\n\n

Implementation Timeline and Requirements

\n\n

● The assignment must be completed within the agreed-upon timeline, with all deliverables adhering to the policies and regulations outlined by Ukrainian legislation and the World Bank.

\n\n

●          The consultant is expected to ensure seamless coordination with the Ministry of Education and Science of Ukraine throughout the process, maintaining clear communication and regular updates.

\n\n

Component 4: Development of a Digital Portal (Database) for Educational Domains

\n\n

The goal of this component is to create a user-friendly digital environment (an online portal) that enables all stakeholders—teachers, methodologists, administrators, experts, and others—to quickly and effectively access structured information on educational domains, their competence potential, learning outcomes, and other key aspects.

\n\n

            The solution should consist of:

\n\n\n\n

            The portal is not expected to be a technically complex or high-load IT system, but rather a custom-built web interface designed for clarity, accessibility, and ease of use.

\n\n

The system should be developed using open architecture and interoperable standards to allow for potential integration with national education platforms in the future.

\n\n

Core Portal Functionality

\n\n
    \n\t
  1. Filtering and Search System\n\n\t
      \n\t\t
    1. Educational domain: Allows the user to select one or multiple educational domains (e.g., language and literature, mathematics, natural sciences, etc.).
      2. \n\t\t
    2. Key Competence: Filters materials by one or several competences (e.g., digital competence, social competence, etc.).
      3. \n\t\t
    3. Educational Level: Divided into three levels: Grades 1–4, Grades 5–9, and Grades 10–12.
      4. \n\t\t
    4. Domain Competence Potential: Displays information about how each domain facilitates and develops competences at each educational level. It is proposed to have three columns (one for each level).
      5. \n\t\t
    5. Basic Knowledge: Key information/basic knowledge that students need to master. Also presented in three columns for different age groups.
      6. \n\t\t
    6. Transversal Skills: Allows users to search by complex skills that are integrated across various domains.
      7. \n\t\t
    7. Mandatory Learning Outcomes: Enables search, filtering, and display of mandatory outcomes in accordance with the State Standard for each level.
      8. \n\t\t
    8. General Outcomes: Uses a single name for outcomes across all cycles, with more detailed information below for each cycle (Grades 1–2, 3–4, 5–6, 7–9, 10–12).
      9. \n\t\t
    9. Specific Outcomes by Cycle: Presents detailed information on specific learning outcomes relevant to each cycle (Grades 1–2, 3–4, 5–6, 7–9, 10–12).
      10. \n\t\t
    10. Assessment Guidelines: Provides examples and assessment criteria for each cycle. For high school (Grades 10–12), there is a distinction between “basic” and “advanced” levels of study.
      11. \n\t\t
    11. Types of Activities: Examples of instructional or project-based activities that can be used to achieve the outcomes.
      12. \n\t
    \n\t
    2. \n
\n\n

 

\n\n

 

\n\n
    \n\t
  1. Preset Filters\n\n\t
      \n\t\t
    1. Ability to save custom sets of filters as presets (e.g., “Mathematics + Digital Competence + Grades 5–9”).
      2. \n\t\t
    2. Quickly switch or load a preset to immediately get a relevant data set.
      3. \n\t
    \n\t
    2. \n\t
  2. Search Results Pages\n\t
      \n\t\t
    1. Displays a structured list of the retrieved materials or data fragments with flexible view options (e.g., cards with brief descriptions, tables, or expanded detailed information).
      2. \n\t
    \n\t
    3. \n\t
  3. Administrative Panel\n\t
      \n\t\t
    1. Content Management: Add, edit, and delete records by domain, competence, outcome, etc.
      2. \n\t\t
    2. Role and Access Management (administrator, editor, viewer).
      3. \n\t\t
    3. Preset Creation and Editing: Manage portal users, create or edit existing filter presets.
      4. \n\t
    \n\t
    4. \n\t
  4. Localization\n\t
      \n\t\t
    1. The portal is primarily developed in Ukrainian.
      2. \n\t
    \n\t
    5. \n
\n\n

Data Structure and Display

\n\n

 

\n\n
    \n\t
  1. Data Model:\n\n\t
      \n\t\t
    1. Domain: The main entity in the database, containing an identifier, name, and short description of the domain.
      2. \n\t\t
    2. Key Competence: Can be linked to multiple domains and has its own attributes (name, description).
      3. \n\t\t
    3. Educational Level: A logical division into Grades 1–4, 5–9, and 10–12; stored as a separate category with detailed descriptions.
      4. \n\t\t
    4. Domain Competence Potential: Distribution of key competences for each level (3 columns), describing how various competence components are developed.
      5. \n\t\t
    5. Basic Knowledge: Lists of knowledge elements that students should acquire at each level (3 columns).
      6. \n\t\t
    6. Transversal Skills: Their descriptions and links to other entities.
      7. \n\t\t
    7. Mandatory Learning Outcomes: A clearly defined set of outcomes for each level or cycle, tied to both the domain and competences.
      8. \n\t\t
    8. General Outcomes: A matrix or table with identical names for outcomes but with detailed parameters per cycle (Grades 1–2, 3–4, 5–6, 7–9, 10–12).
      9. \n\t\t
    9. Specific Outcomes: Detailed indicators or descriptors for each cycle.
      10. \n\t\t
    10. Assessment Guidelines: Text-based and/or tabular materials that include assessment criteria and scales. For high school, there is a separate block differentiating “basic” and “advanced” levels.
      11. \n\t\t
    11. Types of Activities: Catalogs of activities (laboratory, project-based, interactive) that can be linked to particular competences or outcomes.
      12. \n\t
    \n\t
    2. \n\t
  2. Data Display\n\t
      \n\t\t
    1. Tabular Formats: A flexible interface for comparing data in multiple columns (e.g., Grades 1–4, 5–9, 10–12).
      2. \n\t\t
    2. Cross-References: Each element (e.g., a domain or mandatory outcome) includes hyperlinks to related information (e.g., competences or types of activities).
      3. \n\t\t
    3. Interactive Dashboards: For quick overviews of the most important aspects.
      4. \n\t
    \n\t
    3. \n\t
  3. Linking to Landing Pages\n\t
      \n\t\t
    1. The portal should provide 10 separate landing pages, each with narrative information about one of the 10 educational domains (history, mission, key educational objectives, etc.).
      2. \n\t\t
    2. These landing pages should include hyperlinks to predefined search/filter presets, allowing users to move directly from an overview of a given domain to relevant data in the portal.
      3. \n\t
    \n\t
    4. \n
\n\n

 

\n\n

Implementation Timeline and Requirements

\n\n\n\n

The development of draft conceptual frameworks for all 10 educational domains must precede any editing or graphic design work (Component 3).

\n\n

Literary editing and layout/design of the finalized frameworks (Component 3.1 and 3.2) must be completed before the final dissemination event (Component 2), to ensure high-quality materials are available for presentation.

\n\n

The digital portal (Component 4) should be populated and finalized in parallel with or immediately after the completion of the designed frameworks.

\n\n

The Consultant is expected to propose a detailed implementation timeline in their Inception Report, including key milestones and indicative delivery dates for each component and sub-component. This timeline should reflect the logical dependencies between tasks and ensure readiness of deliverables for public presentation.

\n\n

 

\n\n

Draft Implementation Timeline and Milestones

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Milestone

\n\t\t\t		\n\t\t\t

Description

\n\t\t\t		\n\t\t\t

Indicative Deadline

\n\t\t\t
\n\t\t\t

M1. Expert Teams Formed

\n\t\t\t		\n\t\t\t

All 10 domain-specific expert teams selected and approved by MOES

\n\t\t\t		\n\t\t\t

Week 1

\n\t\t\t
\n\t\t\t

M2. Draft Conceptual Frameworks Completed

\n\t\t\t		\n\t\t\t

Initial drafts for all 10 domains submitted

\n\t\t\t		\n\t\t\t

Weeks 2-4

\n\n\t\t\t

 

\n\t\t\t
\n\t\t\t

M3. Internal Review & Feedback Cycle

\n\t\t\t		\n\t\t\t

Feedback from NIO, MOES, and relevant stakeholders collected and integrated

\n\t\t\t		\n\t\t\t

Week 5

\n\t\t\t
\n\t\t\t

M4. Finalization of Framework Content

\n\t\t\t		\n\t\t\t

Final version of the content before editing and design

\n\t\t\t		\n\t\t\t

Week 6

\n\t\t\t
\n\t\t\t

M5. Literary Editing Completed (Component 3.1)

\n\t\t\t		\n\t\t\t

Edited versions of all frameworks ready for layout and design

\n\t\t\t		\n\t\t\t

Week 7

\n\t\t\t
\n\t\t\t

M6. Graphic Design & Layout Finalized (Component 3.2)

\n\t\t\t		\n\t\t\t

Print-ready and digital formats of all frameworks completed

\n\t\t\t		\n\t\t\t

Week 8

\n\t\t\t
\n\t\t\t

M7. Web Portal Development Completed (Component 4)

\n\t\t\t		\n\t\t\t

Fully functional portal launched, populated with finalized content

\n\t\t\t		\n\t\t\t

Weeks 7-9

\n\t\t\t
\n\t\t\t

M8. Final Dissemination Event Organized and Delivered (Component 2)

\n\t\t\t		\n\t\t\t

Offline event in Kyiv with presentations, materials, and stakeholder participation

\n\t\t\t		\n\t\t\t

Week 10

\n\t\t\t
\n\t\t\t

M9. Final Deliverables Submitted

\n\t\t\t		\n\t\t\t

Full documentation, reports, editable files, and summary of activities submitted to the MOES

\n\t\t\t		\n\t\t\t

Week 11

\n\t\t\t
\n\n

 

\n\n

IV. DELIVERABLES

\n\n

The Consultant is required to deliver the following outputs, ensuring all deliverables meet the detailed requirements outlined in the Scope of Work:

\n\n

1. Component 1: Developed Conceptual Frameworks for Educational Domains

\n\n\n\n

2. Component 2: Final Event Report

\n\n\n\n

3. Component 3: Designed and Finalized Conceptual Frameworks and Supporting Materials

\n\n

3.1. Edited Frameworks

\n\n\n\n

3.2. Designed Frameworks

\n\n\n\n

     3.3. Illustrated Characters Representing Educational Domains

\n\n\n\n

      4. Component 4: Fully Operational Web Portal and Ten (10) Landing Pages

\n\n\n\n

5. Monthly Progress Updates

\n\n\n\n

Submission Requirements

\n\n\n\n

This deliverable structure ensures that all outputs are comprehensive, visually engaging, and effectively disseminated to the intended audiences, supporting the success of the project.

\n\n

V. REQUIREMENTS

\n\n

5.1. Consultant

\n\n

The following minimum requirements (fail/pass) shall be applied to determine the Consultant’s qualification:

\n\n

General requirements

\n\n\n\n

 

\n\n\n\n

 

\n\n

Specific experience

\n\n\n\n

 

\n\n

Team Composition and Expertise

\n\n\n\n

5.2. Staff

\n\n

The Consultant shall provide suitably qualified professionals in terms of expertise and time allocation to complete the activities required under the scope of work and to achieve the project objectives within the specified time, cost, and quality parameters.

\n\n

The Consultant’s team shall include Key Experts who possess relevant expertise and experience to design and implement the conceptual frameworks. Additionally, adequate administrative staff, such as secretaries and translators, shall support the team throughout the Assignment.

\n\n

The Consultant is expected to propose the number and type of personnel necessary for the effective and high-quality execution of the services. The costs for all proposed personnel shall be included in the financial proposal. The Consultant shall also ensure that all proposed staff members are available during the times specified in the Assignment.

\n\n

The minimum expected staff inputs for the Assignment are summarized below:

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Category

\n\t\t\t		\n\t\t\t

Expert

\n\t\t\t		\n\t\t\t

Predicted Monthly Hours

\n\t\t\t		\n\t\t\t

Min. Experts per Domain

\n\t\t\t		\n\t\t\t

Max. Experts

\n\n\t\t\t

per Domain

\n\t\t\t
\n\t\t\t

Key Experts \\(per each educational domain)

\n\t\t\t		\n\t\t\t

A2-KE1. Education Domain Leader

\n\t\t\t		\n\t\t\t

80

\n\t\t\t		\n\t\t\t

1

\n\t\t\t		\n\t\t\t

1

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

A2-KE2. Practical Implementation Expert

\n\t\t\t		\n\t\t\t

160

\n\t\t\t		\n\t\t\t

6

\n\t\t\t		\n\t\t\t

10

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

A2-KE3. Visionary Expert

\n\t\t\t		\n\t\t\t

10

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

10

\n\t\t\t
\n\t\t\t

Total Key Experts

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

11

\n\t\t\t		\n\t\t\t

21

\n\t\t\t
\n\t\t\t

Supporting Staff (per project)

\n\t\t\t		\n\t\t\t

A2-SS1. Administrative Coordinator

\n\t\t\t		\n\t\t\t

80

\n\t\t\t		\n\t\t\t

1

\n\t\t\t		\n\t\t\t

1

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

A2-SS2. Graphic Designer

\n\t\t\t		\n\t\t\t

10

\n\t\t\t		\n\t\t\t

1

\n\t\t\t		\n\t\t\t

2

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

A2-SS3. Literary Editor

\n\t\t\t		\n\t\t\t

10

\n\t\t\t		\n\t\t\t

1

\n\t\t\t		\n\t\t\t

2

\n\t\t\t
\n\t\t\t

Total Supporting Staff

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

5

\n\t\t\t
\n\t\t\t

Grand Total (per project)

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

113

\n\t\t\t		\n\t\t\t

215

\n\t\t\t
\n\n

 

\n\n

5.2.1. Qualifications of Key Experts

\n\n

A2-KE1. Education Domain Leader – Focuses on defining the strategic vision and ensuring that the conceptual frameworks for relevant educational domains align with national standards, the New Ukrainian School (NUS) reform, and the Ministry of Education and Science of Ukraine (MoES) priorities. Engages with stakeholders and advises on long-term implementation scenarios.

\n\n

Qualifications and Skills:

\n\n

Master’s degree in education management, pedagogy, or a related field.
\nAt least 2 years of experience in steering or managing education projects at the national or international level.
\nDemonstrated familiarity with competency-based approaches and government/donor-funded educational programs.
\nExcellent communication and leadership skills, with proven experience guiding diverse expert teams.

\n\n

A2-KE2. Practical Implementation Expert – Focuses on designing and coordinating the practical application of the conceptual frameworks in classroom settings. Develops model programs, teaching guides, and assessment methods, ensuring they meet competency-based standards. Collaborates with educator-practitioners to refine and pilot these solutions.

\n\n

Qualifications and Skills:

\n\n

University degree in pedagogy, curriculum design, or a relevant domain.
\nAt least 3 years of hands-on experience in teaching, curriculum development, textbook creation, or teacher training.
\nSolid track record of applying modern teaching methodologies, including competency-based instruction.
\nStrong project coordination skills and experience with piloting or evaluating new educational approaches.

\n\n

A2-KE3. Visionary Expert – Focuses on researching and incorporating global best practices and emerging trends (e.g., PISA, Education 4.0, Education 5.0) to enhance the conceptual frameworks. Identifies and adapts innovative educational strategies to the Ukrainian context in consultation with the other key experts.

\n\n

Qualifications and Skills:

\n\n

Master’s degree in education, social sciences, or a related field.
\nAt least 3 years of experience in educational research, reform, or innovation.
\nProven ability to synthesize diverse data sources into actionable recommendations.
\nFamiliarity with international competence frameworks and a strong understanding of how to localize global education trends.

\n\n

5.2.2. Minimum qualifications of Supporting Staff

\n\n

A2-SS1. Administrative Coordinator – Facilitates communication, scheduling, and logistical arrangements for the project team. This role is crucial for ensuring smooth coordination and documentation of project activities.

\n\n

Qualifications and Skills:

\n\n\n\n

A2-SS2. Graphic Designer – Focuses on creating coherent, visually appealing designs for all deliverables (e.g., frameworks, training materials), ensuring consistency and clarity across print and digital media.

\n\n

Qualifications and Skills:

\n\n\n\n

A2-SS3. Literary Editor – Focuses on language accuracy, style consistency, and clarity in all project documents (in Ukrainian, and in English if needed). Ensures standardized terminology use and adherence to editorial guidelines.

\n\n

Qualifications and Skills:

\n\n\n\n

CVs for Supporting Staff are not examined prior to the signature of the Contract and should not be included in technical proposals.

\n\n

The mobilization of Administrative Coordinator shall be transparent and shall be based on the above pre-defined criteria, including professional qualifications, language skills and work experience and shall be subject to approval by MOES.

\n\n

The MOES agreement to a proposed expert shall be obtained prior to mobilization based on a curriculum vitae supplied by the Consultant. Key experts must confirm their qualifications by providing detailed CVs, highlighting their experience, skills, and relevance to the scope of the project. The CVs should include specific examples of prior work, as well as professional references to validate the information provided.

\n\n

The Consultant should identify all technical and support staff that will be needed for the timely implementation of Assignment. In this respect, the Consultant is expected to specify number and availability of all technical and support staff to demonstrate that objectives can be met. It is therefore a requirement to provide names of technical and support staff, although CVs will not be required.

\n\n

The Consultant shall select and hire other experts as required according to the profiles identified in their Methodology and these Terms of Reference.

\n\n

It is permissible for the Consultant to outsource the organization of events (e.g., workshops, training sessions, stakeholder meetings) to a specialized service consultant. The selection, engagement, and management of any such external consultant will be at the Consultant's discretion, subject to the prior approval of the Ministry of Education and Science of Ukraine. All arrangements must align with the specified project scope, budget, and quality requirements.

\n\n

5.3. Implementation arrangement

\n\n

The Consultant

\n\n

The Consultant shall be responsible for support in all aspects and costs of its team during the Services. The Consultant shall be responsible for engaging and payment of local personnel, including competent bilingual (Ukrainian-English) secretarial assistance to cover administrative/translation support. The Consultant shall also make their own allowance for additional technical, administrative, and other support staff.

\n\n

The MOES may provide an office facility.

\n\n

The Consultant should provide for their own all the logistics, renting, consumables, computers, laptops, and equipment required for providing services smoothly and shall make the provision in their financial proposal accordingly. The provision should be made as rentals only, including maintenance, and no provision for the purchase of any items towards logistics should be made in the Financial Proposals.

\n\n

The Consultant will report on all aspects of the contract to the authorized person of the Client.

\n\n

For the implementation, the Consultant should take into consideration the COVID-19 and war crisis-related restrictions and the volatile security situation in Ukraine. Depending on the nature of the restrictions at the starting date of the Contract, the Consultant might need to start with remote and desktop work before having the possibility to conduct fieldwork and/or prefer to mobilize local consultants for the first steps of the Contract. The Consultant is advised to explore all arrangements for engaging local personnel and benefiting from their knowledge and expertise.

\n\n

The Client

\n\n

The Client shall be responsible for the implementation of the overall Project and the Consultant’s Assignment shall be managed and monitored by the Client’s Implementation group.

\n\n

All communication between the Client and the Consultant shall be in writing in English and/or Ukrainian. Regarding payments to the Consultant, modifications of the Consultant’s contract, issuance of the Consultant’s requests for the Client’s preliminary approval, and other similar cases and activities, for which the Client believes to be mandatory for such a way of correspondence, the correspondence shall be maintained by printed documents, in a sufficient number of copies, submitted to the Client. For all other cases, correspondence through electronic mail is acceptable with previous agreements on a list of recipients from both sides.

\n\n

The Client shall make available all existing data, documents, reports, and studies in reference to Assignment and necessary for the successful implementation of the Services. The Consultant shall be fully responsible for verification, interpretation, and use of such material and data. The Consultant must not disclose received data/documents to any third party not included in the Assignment implementation.

\n\n

Most of the available information is in Ukrainian language. The Consultant will arrange for the translation, as necessary, at their own expense.

\n\n

All the products, deliverables, reports, training materials, etc., that are produced under Assignment are the property of the MOES.

\n\n

Equipment

\n\n

No equipment is to be purchased on behalf of the Client as part of this service contract or transferred to the Client at the end of this contract. Any equipment related to this contract which is to be acquired by the Client must be purchased by means of a separate supply tender procedure.

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

"},{"id":"OP00335806","notice_type":"Invitation for Bids","noticedate":"28-Jan-2025","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2025-02-10T00:00:00Z","submission_deadline_time":"02:00","project_ctry_name":"Pakistan","project_id":"P163562","project_name":"Khyber Pakhtunkhwa Integrated Tourism Development Project","bid_reference_no":"PK-KP DOT-471864-CW-RFQ","bid_description":"Procurement of Additional Balance Conservation, Restoration and Development Work at Jamrud Fort District Khyber","procurement_group":"CW","procurement_method_code":"RFQ","procurement_method_name":"Request for Quotations","contact_address":"House No 20 Syed Jamal Uddin afghani road University town Peshawar","contact_ctry_name":"Pakistan","contact_email":"pdkitedot@gmail.com","contact_name":"Abdul Samad","contact_organization":"KP Department of Tourism","contact_phone_no":"0919216370","submission_date":"2025-01-28T00:00:00Z","notice_text":"

PROJECT MANAGEMENT UNIT (PMU)

\n\n

“Khyber Pakhtunkhwa Integrated Tourism Development Project (KITE)”

\n\n

Request for Quotations

\n\n

(One-Envelope Bidding Process)

\n\n

PROCUREMENT OF SMALL WORKS

\n\n

Procurement of Additional Balance Conservation, Restoration and Development Work at Jamrud Fort

\n\n

District Khyber

\n\n

Ref No.: PK-KP DOT-471864-CW-RFQ

\n\n

Project: Khyber Pakhtunkhwa Integrated Tourism Development Enterprise – KITE (DoT)

\n\n

Employer: Project Management Unit – KITE DoT Govt. of Khyber Pakhtunkhwa.

\n\n

Country: Islamic Republic of Pakistan.

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

Issued on: January 28, 2025

\n\n

 

\n\n

Table of Contents

\n\n

 

\n\n

Request for Quotations. 1

\n\n

ANNEX 1: Works Requirements. 7

\n\n

ANNEX 2: Quotation Forms. 8

\n\n

ANNEX 3: Contract Forms. 14

\n\n

Request for Quotations

\n\n

RFQ Ref No.: PK-KP DOT-471864-CW-RFQ

\n\n

         RFQ Date: January 28, 2025

\n\n

 

\n\n

To: Prospective Contractors

\n\n

Dear: Prospective Contractors

\n\n

Request for Quotation (RFQ)

\n\n
    \n\t
  1. The Government of Khyber Pakhtunkhwa has received Credit from the International Development Association (IDA) of the World Bank Group for Khyber Pakhtunkhwa Integrated Tourism Development Project (KITE) and intends to apply part of the proceeds towards payments under the contract for “Procurement of Additional Balance Conservation, Restoration and Development Work at Jamrud Fort District Khyber” (PK-KP DOT-471864-CW-RFQ) through this Request for Quotations (RFQ).
    2. \n\t
  2. The Project Management Unit (PMU) for KITE Project now invites sealed quotations from eligible Contractors for the Additional Balance Conservation, Restoration and Development Work at Jamrud Fort District Khyber small works described in Annex 1: Works Requirements, attached to this RFQ.
    3. \n
\n\n

Fraud and Corruption

\n\n
    \n\t
  1. The Bank requires compliance with the Bank’s Anti-Corruption Guidelines and its prevailing sanctions policies and procedures as set forth in the WBG’s Sanctions Framework, as set forth in Appendix A to the Contract Conditions.
    2. \n\t
  2. In further pursuance of this policy, Contractors shall permit and shall cause their agents (where declared or not), subcontractors, subconsultants, service providers, suppliers, and personnel, to permit the Bank to inspect all accounts, records and other documents relating to the RFQ and Contract performance (in the case of award), and to have them audited by auditors appointed by the Bank.
    3. \n
\n\n

Eligible Materials, Equipment and Services

\n\n
    \n\t
  1. The materials, equipment and services to be supplied under the Contract and financed by the Bank may have their origin in any country subject to Para. 9. At the Employer’s request, Contractors may be required to provide evidence of the origin of materials, equipment and services.  
    2. \n
\n\n

Eligible Contractors

\n\n
    \n\t
  1. In case the Contractor is a joint venture (JV), all members shall be jointly and severally liable for the execution of the entire Contract in accordance with the Contract terms. The JV shall nominate a representative who shall have the authority to conduct all business for and on behalf of any and all the members of the JV during the Request for Quotations process and, in the event the JV is awarded the Contract, during contract execution.
    2. \n\t
  2. A Contractor may have the nationality of any country, subject to the restrictions pursuant to paras. 8 and 9 hereinafter. A Contractor shall be deemed to have the nationality of a country if the Contractor is constituted, incorporated or registered in, and operates in conformity with, the provisions of the laws of that country, as evidenced by its articles of incorporation (or equivalent documents of constitution or association) and its registration documents, as the case may be. This criterion also shall apply to the determination of the nationality of proposed subcontractors or subconsultants for any part of the Contract including Related Services.
    3. \n\t
  3. Firms and individuals may be ineligible if so indicated in para.9 below and:\n\t
      \n\t\t
    1. \n\t\t
        \n\t\t\t
      1. as a matter of law or official regulations, the Borrower’s country prohibits commercial relations with that country, provided that the Bank is satisfied that such exclusion does not preclude effective competition for the supply of goods or the contracting of works or services required; or
        2. \n\t\t\t
      2. by an act of compliance with a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, the Borrower’s country prohibits any import of goods or contracting of works or services from that country, or any payments to any country, person, or entity in that country.
        3. \n\t\t
      \n\t\t
      2. \n\t
    \n\t
    4. \n\t
  4. In reference to paras. 5 and 7, for the information of Contractors, at the present time firms, goods and services from the following countries are excluded from this procurement process:
    5. \n
\n\n
    \n\t
  1. Under para. 5 and 8 (a): India & Israel.
    2. \n
\n\n
    \n\t
  1. A Contractor that has been sanctioned by the Bank, pursuant to the Bank’s Anti-Corruption Guidelines, in accordance with its prevailing sanctions policies and procedures as set forth in the WBG’s Sanctions Framework as described in the appendix to the Contract Conditions (Appendix A) paragraph 2.2 d., shall be ineligible to submit Quotations or be awarded or otherwise benefit from a Bank-financed contract, financially or otherwise, during such period of time as the Bank shall have determined.  A list of debarred firms and individuals is available on the Bank’s external website: http://www.worldbank.org/debarr.
    2. \n\t
  2. Contractors that are state-owned enterprises or institutions in the Employer’s country may be eligible to compete and be awarded a Contract(s) only if they can establish, in a manner acceptable to the Bank, that they:\n\t
      \n\t\t
    1. \n\t\t
        \n\t\t\t
      1. are legally and financially autonomous;
        2. \n\t\t\t
      2. operate under commercial law; and
        3. \n\t\t\t
      3. are not under supervision of the Employer.
        4. \n\t\t
      \n\t\t
      2. \n\t
    \n\t
    3. \n\t
  3. A Contractor shall not have a conflict of interest. Any Contractor found to have a conflict of interest shall be disqualified. A Contractor may be considered to have a conflict of interest for the purpose of this Request for Quotations process, if the Contractor:\n\t
      \n\t\t
    1. \n\t\t
        \n\t\t\t
      1. directly or indirectly controls, is controlled by or is under common control with another Contractor that submitted a Quotation;
        2. \n\t\t\t
      2. receives or has received any direct or indirect subsidy from another Contractor that submitted a Quotation;
        3. \n\t\t\t
      3. has the same legal representative as another Contractor that submitted a Quotation;
        4. \n\t\t\t
      4. has a relationship with another Contractor that submitted a Quotation, directly or through common third parties, that puts it in a position to influence the Quotation of another Contractor, or influence the decisions of the Employer regarding this Request for Quotations process; or
        5. \n\t\t\t
      5. or any of its affiliates participated as a consultant in the preparation of the design or technical specifications of the works that are the subject of the Request for Quotations process; or
        6. \n\t\t\t
      6. or any of its affiliates has been hired (or is proposed to be hired) by the Employer or Borrower for implementing the Contract; or
        7. \n\t\t\t
      7. would be providing goods, works, or non-consulting services resulting from, or directly related to consulting services for the preparation or implementation of the project specified in this Request for Quotations, that it provided or were provided by any affiliate that directly or indirectly controls, is controlled by, or is under common control with that firm; or
        8. \n\t\t\t
      8. has a close business or family relationship with a professional staff of the Borrower (or of the project implementing agency, or of a recipient of a part of the loan) who: (i) are directly or indirectly involved in the preparation of the Request for Quotations or specifications and/or the evaluation of Quotations, of the subject Contract; or (ii) would be involved in the implementation or supervision of such Contract unless the conflict stemming from such relationship has been resolved in a manner acceptable to the Bank throughout the Request for Quotations process and execution of the Contract.
        9. \n\t\t
      \n\t\t
      2. \n\t
    \n\t
    4. \n
\n\n

Performance Security

\n\n
    \n\t
  1.  The successful Contractor shall submit a Performance (8% of the contract price) & Environmental Security (2% of the contract price) in accordance with the Contract Conditions.”
    2. \n
\n\n

Validity of Quotations

\n\n
    \n\t
  1. The quotations shall be valid until Ninety (90) Days after bid submission.
    2. \n
\n\n

Quoted Price

\n\n
    \n\t
  1. The Contractor shall quote its total price in the Contractor’s Quotation Form and may wish to offer a discount
    2. \n
\n\n
    \n\t
  1. The Contractor shall also fill in its rates and prices for all items of the Works described in the attached Bill of Quantities.  Items against which no rate or price is entered by the Contractor will not be paid for by the Employer when executed and shall be deemed covered by the rates for other items and prices in the Bill of Quantities.
    2. \n\t
  2. The rates and prices shall include all duties, taxes, and other levies payable by the Contractor under the Contract.
    3. \n
\n\n
    \n\t
  1. The Contractor shall quote its price in Pak Rupees.
    2. \n\t
  2. The currency(ies) of the Quotation and the currency(ies) of payments shall be the same.
    3. \n
\n\n

Technical proposal

\n\n
    \n\t
  1. The Contractor shall furnish a technical proposal including a statement of work methods, equipment, personnel, schedule and any other relevant information, in sufficient detail to demonstrate the adequacy of its proposal to meet the work’s requirements and the completion time.
    2. \n
\n\n

E&S Requirements

\n\n
    \n\t
  1. The contractor will ensure compliance with the World Bank approved Safeguard (PCRMP/ESMP) during the execution of the contract. The approved PCRMP is available on the official website of the PMU KITE DoT and is a part of the bidding process.
    2. \n
\n\n

Clarifications

\n\n
    \n\t
  1. Any clarification request regarding this RFQ may be sent in writing to the Officer of Project Director PMU KITE DoT pdkitedot@gmail.com , procurement.kite@gmail.com four (4) business days prior to submission date. The Employer will forward copies of its response to all Contractors including a description of the inquiry but without identifying its source.
    2. \n
\n\n

Submission of Quotations

\n\n
    \n\t
  1. Quotations are to be submitted sealed in a single envelope, clearly marked with the Reference above, the name of the Bidder and Implementing Agency. The deadline for submission of Quotations is February 10, 2025, 1400hrs.
    2. \n\t
  2. The address for submission of Quotations is:
    3. \n
\n\n

Attention: Project Director PMU KITE DoT

\n\n

House No. 20, Syed Jamal Uddin Afghani Road, University Town Peshawar, Khyber Pakhtunkhwa Pakistan

\n\n

____________________________________________________________________

\n\n

Opening of Quotations

\n\n
    \n\t
  1. Quotations will be opened by the Employer’s representatives immediately after the deadline for the submission of Quotations.
    2. \n
\n\n

Evaluation of Quotations

\n\n
    \n\t
  1. The quotations will be evaluated to determine substantial responsiveness of the Request for Quotations (RFQ).
    2. \n\t
  2. The evaluation shall be of the contractor’s methodology, work schedule, completion of all required forms, evaluation of the contractor’s evidence of financial resources available to perform the works, and evaluation of the contractor’s evidence of previous completed work of similar nature.
    3. \n\t
  3. Any contractor determined to be qualified and capable (eligible) to perform the works based on the evaluation criteria in line 25 above, their bid price is evaluated. The lowest evaluated price will be determined after correcting any arithmetic errors and other specified adjustments, if any. 
    4. \n\t
  4. Quotation will be evaluated for the package under this RFQ. If a Price Schedule shows items listed but not priced, their prices shall be assumed to be included in the prices of other items.  An item not listed in the Price Schedule shall be assumed not included in the Quotation, and provided that the Quotation is substantially responsive, the average of the item price as quoted by substantially responsive Contractors will be added to the Quoted Price and the equivalent total price of the Quotation so determined will be used for price comparison.
    5. \n
\n\n

 

\n\n

Contract Award

\n\n
    \n\t
  1. The Contract will be awarded to the Contractor who;
    2. \n\t
  2. is eligible;
    3. \n\t
  3. offers the lowest evaluated price/s;
    4. \n\t
  4. offers a technically compliant quotation and determined to be responsive and 
    5. \n\t
  5. guarantees delivery/completion of the Works in accordance with the delivery period as per contract.
    6. \n\t
  6. provide an affidavit on the letter head that the firm has not been black listed by any Government / Semi Government organization;
    7. \n\t
  7. must have three (03) years of relevant experience. (copies of verifiable PO/WO/Contract must be attached with quotation).
    8. \n\t
  8. Methodology for executing the works including required Environmental, Social, Health and Safety Plans/Measures that will be implemented by the contractor.
    9. \n
\n\n

The contract shall be subject to the General Conditions of Contract for Works as attached.

\n\n

29. The Employer shall invite by the quickest means, e-mail, the successful Contractor for any discussion/ negotiation that may be needed to conclude the contract or otherwise for contract signature.

\n\n

 

\n\n

On behalf of the Employer:

\n\n

 

\n\n

 

\n\n

 

\n\n

Project Director

\n\n

PMU KITE DoT

\n\n

House No. 20, Syed Jamal Uddin Afghani Road, University Town Peshawar, Khyber Pakhtunkhwa Pakistan

\n\n

Phone No. +92 91 9216370-72 Fax No. +92 91 9216371

\n\n

procurement.kite@gmail.com    

\n\n

www.kite.kptourism.com

\n\n

 

\n\n

 

\n\n

Attachments:

\n\n

Annex 1: Works Requirements/ Specification

\n\n

Annex 2: Quotation Form

\n\n

Annex 3: Contract Forms

\n\n

 

\n\n

 

\n\n

 

\n\n

ANNEX 1:

\n\n

Works Requirements / Specifications

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Procurement of Additional Balance Conservation, Restoration and Development Work at Jamrud Fort District Khyber

\n\t\t\t
\n\t\t\t

Sr No.

\n\t\t\t		\n\t\t\t

DESCRIPTION

\n\t\t\t		\n\t\t\t

Unit

\n\t\t\t		\n\t\t\t

Qty

\n\t\t\t
\n\t\t\t

1

\n\t\t\t		\n\t\t\t

Excavation in foundation of building, bridges etc complete: in sand, ashes or loose soil.

\n\t\t\t		\n\t\t\t

CFT

\n\t\t\t		\n\t\t\t

3,500.00

\n\t\t\t
\n\t\t\t

2

\n\t\t\t		\n\t\t\t

Dismantling mud concrete.

\n\t\t\t		\n\t\t\t

CFT

\n\t\t\t		\n\t\t\t

4,000.00

\n\t\t\t
\n\t\t\t

3

\n\t\t\t		\n\t\t\t

Dismantling: Wooden beams from 12.1' to 23'length.

\n\t\t\t		\n\t\t\t

CFT

\n\t\t\t		\n\t\t\t

32.00

\n\t\t\t
\n\t\t\t

4

\n\t\t\t		\n\t\t\t

Clearance of site by cutting, removing all shrubs, trees, up to 6 inches (152 mm) girth, etc. and taking out their entire roots and    filling    the    hollows    with    earth complete with dressing, consolidating and watering the filling including stacking the serviceable   materials   and   disposal   of useless material as directed, lead to 10 chains, cost of earth included.

\n\t\t\t		\n\t\t\t

SFT

\n\t\t\t		\n\t\t\t

6,400.00

\n\t\t\t
\n\t\t\t

5

\n\t\t\t		\n\t\t\t

Plain Cement Concrete Including Placing Compacting, Finishing, & Curing (Ratio 1:2:4).

\n\t\t\t		\n\t\t\t

CFT

\n\t\t\t		\n\t\t\t

600.00

\n\t\t\t
\n\t\t\t

6

\n\t\t\t		\n\t\t\t

Plain Cement Concrete Including Placing Compacting, Finishing, & Curing (Ratio 1:4:8).

\n\t\t\t		\n\t\t\t

CFT

\n\t\t\t		\n\t\t\t

6,600.00

\n\t\t\t
\n\t\t\t

7

\n\t\t\t		\n\t\t\t

Random rubble masonry in foundation. & plinth Dry masonry.

\n\t\t\t		\n\t\t\t

CFT

\n\t\t\t		\n\t\t\t

2,940.00

\n\t\t\t
\n\t\t\t

8

\n\t\t\t		\n\t\t\t

Dismantling roof of wooden planks & battens from any height.

\n\t\t\t		\n\t\t\t

SFT

\n\t\t\t		\n\t\t\t

2,700.00

\n\t\t\t
\n\t\t\t

9

\n\t\t\t		\n\t\t\t

Plain wood work sawn, wrought, planed & fixed in position, including nails & screws: Deodar wood.

\n\t\t\t		\n\t\t\t

CFT

\n\t\t\t		\n\t\t\t

995.00

\n\t\t\t
\n\t\t\t

10

\n\t\t\t		\n\t\t\t

First Class tile roofing including earth, mud plaster, gobro leaping, Cement Plaster etc:

\n\t\t\t		\n\t\t\t

SFT

\n\t\t\t		\n\t\t\t

10,166.00

\n\t\t\t
\n\t\t\t

11

\n\t\t\t		\n\t\t\t

1st class brickwork in mud mortar in buildings in foundation and plinth Add extra on Item 07-01 for brickwork in First floor.

\n\t\t\t		\n\t\t\t

CFT

\n\t\t\t		\n\t\t\t

1,651.00

\n\t\t\t
\n\t\t\t

12

\n\t\t\t		\n\t\t\t

Dismantling stone masonry in lime or cement mortar.

\n\t\t\t		\n\t\t\t

CFT

\n\t\t\t		\n\t\t\t

7,240.00

\n\t\t\t
\n\t\t\t

13

\n\t\t\t		\n\t\t\t

Coursed rubble masonry in ground floor in
\n\t\t\tcement, sand mortar: Ratio 1:3

\n\t\t\t		\n\t\t\t

SFT

\n\t\t\t		\n\t\t\t

11,366.00

\n\t\t\t
\n\t\t\t

14

\n\t\t\t		\n\t\t\t

Dismantling brick work in lime or cement mortar.

\n\t\t\t		\n\t\t\t

CFT

\n\t\t\t		\n\t\t\t

3,586.00

\n\t\t\t
\n\t\t\t

15

\n\t\t\t		\n\t\t\t

Stripping and stacking: GI sheet roofing.

\n\t\t\t		\n\t\t\t

SFT

\n\t\t\t		\n\t\t\t

5,100.00

\n\t\t\t
\n\t\t\t

16

\n\t\t\t		\n\t\t\t

Plastering of plan work 1" to 1.5" thick layer with copper wire mesh 2" x 2" using hydraulic lime, Marble Powder, jute etc complete as per site requirement specifications and instruction of Engineer In-charge (100sft).

\n\t\t\t		\n\t\t\t

CFT

\n\t\t\t		\n\t\t\t

2,250.00

\n\t\t\t
\n\t\t\t

17

\n\t\t\t		\n\t\t\t

1st class teak wood wrought joinery in doors & windows, paneled or glazed complete: 1.5" thick.

\n\t\t\t		\n\t\t\t

SFT

\n\t\t\t		\n\t\t\t

574.00

\n\t\t\t
\n\n

 

\n\n

ANNEX 2: Quotation Forms

\n\n

Contractor Quotation Form

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

From:

\n\t\t\t		\n\t\t\t

[Insert Contractor’s name; in case of a joint venture, specify the name of the joint venture]

\n\t\t\t
\n\t\t\t

Contractor’s Representative:

\n\t\t\t		\n\t\t\t

[Insert name of Contractor’s Representative]

\n\t\t\t
\n\t\t\t

Title/Position:

\n\t\t\t		\n\t\t\t

[Insert Representatives title or position]

\n\t\t\t
\n\t\t\t

Address:

\n\t\t\t		\n\t\t\t

[Insert Contractor’s address]

\n\t\t\t
\n\t\t\t

Email:

\n\t\t\t		\n\t\t\t

[Insert Contractor’s email address]

\n\t\t\t
\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

To:

\n\t\t\t		\n\t\t\t

Project Director

\n\t\t\t
\n\t\t\t

Department:

\n\t\t\t		\n\t\t\t

Khyber Pakhtunkhwa Integrated Tourism Development Project (KITE) Department of Tourism (DoT) Govt. of Khyber Pakhtunkhwa.

\n\t\t\t
\n\t\t\t

Address:

\n\t\t\t		\n\t\t\t

House No. 20, Syed Jamal Uddin Afghani Road, University Town Peshawar, Khyber Pakhtunkhwa Pakistan

\n\t\t\t
\n\t\t\t

RFQ Ref No.:

\n\t\t\t		\n\t\t\t

PK-KP DOT-471864-CW-RFQ

\n\t\t\t
\n\t\t\t

Date of Quotation:

\n\t\t\t		\n\t\t\t

February 10, 2025

\n\t\t\t
\n\n

 

\n\n

SUBMISSION OF QUOTATION

\n\n
    \n\t
  1. Conformity and No Reservations
    2. \n
\n\n

In response to the above named RFQ, we offer to execute the Works as per this Quotation and in conformity with the RFQ, Delivery and Completion Schedules and Technical Specifications. We confirm that we have examined and have no reservations to the RFQ, including the Contract.

\n\n
    \n\t
  1. Eligibility
    2. \n
\n\n

We meet the eligibility requirements and have no conflict of interest, in accordance with the Request for Quotations. 

\n\n
    \n\t
  1. Suspension and Debarment
    2. \n
\n\n

We, along with any of our subcontractors, suppliers, consultants, manufacturers, or service providers for any part of the contract, are not subject to, and not controlled by any entity or individual that is subject to, a temporary suspension or a debarment imposed by the World Bank Group or a debarment imposed by the World Bank Group in accordance with the Agreement for Mutual Enforcement of Debarment Decisions between the World Bank and other development banks. Further, we are not ineligible under the Employer’s Country laws or official regulations or pursuant to a decision of the United Nations Security Council.

\n\n
    \n\t
  1. Quotation Price
    2. \n
\n\n

The total price of our offer is [Insert one of the options below as appropriate]

\n\n

[Option 1, in case of one lot:]  Total price is: [insert the total quotedf price in words and figures, indicating the various amounts and the respective currencies];

\n\n
    \n\t
  1. Quotation Validity
    2. \n
\n\n

Our Quotation shall be valid until the date specified in the RFQ, and it shall remain binding upon us and may be accepted at any time before it expires. 

\n\n
    \n\t
  1. Performance Security
    2. \n
\n\n

If we are awarded the Contract, we commit to obtain a Performance Security in accordance with the RFQ.

\n\n
    \n\t
  1. Commissions, gratuities, fees
    2. \n
\n\n

We have paid, or will pay the following commissions, gratuities, or fees with respect to this Quotation

\n\n

[If none has been paid or is to be paid, indicate “none.”]

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Name of Recipient

\n\t\t\t		\n\t\t\t

Address

\n\t\t\t		\n\t\t\t

Reason

\n\t\t\t		\n\t\t\t

Amount

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n
    \n\t
  1. Not Bound to Accept
    2. \n
\n\n

We understand that you reserve the right to:

\n\n
    \n\t
  1. accept or reject any Quotation and are not bound to accept the lowest evaluated cost Quotation, or any other Quotation that you may receive, and
    2. \n\t
  2. annul the RFQ process at any time prior to the award of the Contract without incurring any liability to Contractors.
    3. \n
\n\n
    \n\t
  1. Fraud and Corruption
    2. \n
\n\n

 

\n\n

We hereby certify that we have taken steps to ensure that no person acting for us, or on our behalf, engages in any type of Fraud and Corruption.

\n\n

 

\n\n

On behalf of the Contractor:

\n\n

Name of the person duly authorized to sign the Quotation on behalf of the Contractor: [insert complete name of person duly authorized to sign the Quotation] *

\n\n

Title of the person signing the Quotation: [insert complete title of the person signing the Quotation]

\n\n

Signature of the person named above: [insert signature of person whose name and capacity are shown above]

\n\n

Date signed [insert date of signing] day of [insert month], [insert year]

\n\n

*The power of attorney shall be attached to the Quotation.

\n\n

 

\n\n

Schedules

\n\n

Bill of Quantities

\n\n

Quotation for Small Works: Price Schedule

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Item no.

\n\t\t\t		\n\t\t\t

Description

\n\t\t\t		\n\t\t\t

Unit

\n\t\t\t		\n\t\t\t

Quantity (1)

\n\t\t\t		\n\t\t\t

Unit Rate

\n\n\t\t\t

[insert local currency] (2)

\n\t\t\t		\n\t\t\t

Total Amount

\n\n\t\t\t

(3= (1) x (2))

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

1

\n\t\t\t		\n\t\t\t

Excavation in foundation of building, bridges etc complete: in sand, ashes or loose soil

\n\t\t\t		\n\t\t\t

CFT

\n\t\t\t		\n\t\t\t

3,500

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

2

\n\t\t\t		\n\t\t\t

Dismantling mud concrete

\n\t\t\t		\n\t\t\t

CFT

\n\t\t\t		\n\t\t\t

4,000

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

3

\n\t\t\t		\n\t\t\t

Dismantling: Wooden beams from 12.1' to 23'
\n\t\t\tlength

\n\t\t\t		\n\t\t\t

CFT

\n\t\t\t		\n\t\t\t

32

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

4

\n\t\t\t		\n\t\t\t

Clearance of site by cutting, removing all shrubs, trees, up to 6 inches (152 mm) girth, etc. and taking out their entire roots and    filling    the    hollows    with    earth complete with dressing, consolidating and watering the filling including stacking the serviceable   materials   and   disposal   of useless material as directed, lead to 10 chains, cost of earth included.

\n\t\t\t		\n\t\t\t

SFT

\n\t\t\t		\n\t\t\t

6,400

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

5

\n\t\t\t		\n\t\t\t

Plain Cement Concrete Including Placing Compacting, Finishing, & Curing (Ratio 1:2:4)

\n\t\t\t		\n\t\t\t

CFT

\n\t\t\t		\n\t\t\t

600

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

6

\n\t\t\t		\n\t\t\t

Plain Cement Concrete Including Placing Compacting, Finishing, & Curing (Ratio 1:4:8)

\n\t\t\t		\n\t\t\t

CFT

\n\t\t\t		\n\t\t\t

6,600

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

7

\n\t\t\t		\n\t\t\t

Random rubble masonry in foundation. & plinth Dry masonry.

\n\t\t\t		\n\t\t\t

CFT

\n\t\t\t		\n\t\t\t

2,940

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

8

\n\t\t\t		\n\t\t\t

Dismantling roof of wooden planks & battens from any height

\n\t\t\t		\n\t\t\t

SFT

\n\t\t\t		\n\t\t\t

2,700

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

9

\n\t\t\t		\n\t\t\t

Plain wood work sawn, wrought, planed & fixed in position, including nails & screws: Deodar wood

\n\t\t\t		\n\t\t\t

CFT

\n\t\t\t		\n\t\t\t

995

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

10

\n\t\t\t		\n\t\t\t

First Class tile roofing including earth, mud plaster, gobro leaping, Cement Plaster etc.:

\n\t\t\t		\n\t\t\t

SFT

\n\t\t\t		\n\t\t\t

10,166

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

11

\n\t\t\t		\n\t\t\t

1st class brickwork in mud mortar in buildings in
\n\t\t\tfoundation and plinth Add extra on Item 07-01 for brickwork in First
\n\t\t\tfloor

\n\t\t\t		\n\t\t\t

CFT

\n\t\t\t		\n\t\t\t

1,651

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

12

\n\t\t\t		\n\t\t\t

Dismantling stone masonry in lime or cement
\n\t\t\tmortar

\n\t\t\t		\n\t\t\t

CFT

\n\t\t\t		\n\t\t\t

7,240

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

13

\n\t\t\t		\n\t\t\t

Coursed rubble masonry in ground floor in
\n\t\t\tcement, sand mortar: Ratio 1:3

\n\t\t\t		\n\t\t\t

CFT

\n\t\t\t		\n\t\t\t

11,366

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

14

\n\t\t\t		\n\t\t\t

Dismantling brick work in lime or cement mortar

\n\t\t\t		\n\t\t\t

CFT

\n\t\t\t		\n\t\t\t

3,586

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

15

\n\t\t\t		\n\t\t\t

Stripping and stacking: GI sheet roofing

\n\t\t\t		\n\t\t\t

SFT

\n\t\t\t		\n\t\t\t

5,100

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

16

\n\t\t\t		\n\t\t\t

Plastering of plan work 1" to 1.5” thick layer with copper wire mesh 2" x 2" using hydraulic lime, Marble Powder, jute etc.; complete as per site requirement specifications and instruction of Engineer In-charge. (100sft)

\n\t\t\t		\n\t\t\t

CFT

\n\t\t\t		\n\t\t\t

2,250

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

17

\n\t\t\t		\n\t\t\t

1st class teak wood wrought joinery in doors &
\n\t\t\twindows, paneled or glazed complete: 1.5" thick

\n\t\t\t		\n\t\t\t

SFT

\n\t\t\t		\n\t\t\t

574

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

Total

\n\t\t\t		\n\t\t\t

           

\n\t\t\t
        
\n\n

 

\n\n

Technical Proposal

\n\n

 

\n\n

The Contractor shall provide:

\n\n
    \n\t
  1. Documentary evidence minimum number of 03 (Three) similar contracts specified below that have been satisfactorily and substantially[1] completed as a prime contractor, joint venture member[2], management contractor or sub-contractor6 between 1st January 2017 and bid submission deadline:
    2. \n\t
  2. The names and details/ CVs of the suitably qualified key personnel to perform the Contract.
    3. \n\t
  3. Adequate information to demonstrate clearly that it has the capability to meet the requirements for the key equipment for the Contract
    4. \n\t
  4. Information on Site organization.
    5. \n\t
  5. Its method statement on the execution of the works
    6. \n\t
  6. Mobilization and construction schedule
    7. \n\t
  7. The contractor shall submit declaration for the compliance with all applicable Social and Environmental laws and regulations, in addition to the World Bank’s E&S safeguards.
    8. \n
\n\n\n\n

 

\n\n

 

\n\n

Key Personnel

\n\n

The Bidder/ Contractor shall provide the names and details/ CVs of the suitably qualified key personnel to perform the Contract as per details below

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Item No.

\n\t\t\t		\n\t\t\t

Position/specialization

\n\t\t\t		\n\t\t\t

Relevant academic qualifications

\n\t\t\t		\n\t\t\t

Minimum years of relevant work experience

\n\t\t\t
\n\t\t\t

1

\n\t\t\t		\n\t\t\t

Contractor’s Representative

\n\t\t\t		\n\t\t\t

Graduate

\n\t\t\t		\n\t\t\t

03

\n\t\t\t
\n\t\t\t

2

\n\t\t\t		\n\t\t\t

Civil Engineer

\n\t\t\t		\n\t\t\t

BSc in Civil Engineer

\n\t\t\t		\n\t\t\t

03

\n\t\t\t
\n\t\t\t

3

\n\t\t\t		\n\t\t\t

Archaeologist

\n\t\t\t		\n\t\t\t

MSc in Archaeology

\n\t\t\t		\n\t\t\t

05

\n\t\t\t
\n\t\t\t

4

\n\t\t\t		\n\t\t\t

Site Inspector

\n\t\t\t		\n\t\t\t

DAE in Civil Engineering

\n\t\t\t		\n\t\t\t

03

\n\t\t\t
\n\t\t\t

5

\n\t\t\t		\n\t\t\t

Quantity Surveyor

\n\t\t\t		\n\t\t\t

B. Tech in Civil Engineering

\n\t\t\t		\n\t\t\t

05

\n\t\t\t
\n\t\t\t

6

\n\t\t\t		\n\t\t\t

Draftsman

\n\t\t\t		\n\t\t\t

DAE in Civil Engineering expert in Auto CAD.

\n\t\t\t		\n\t\t\t

03

\n\t\t\t
\n\t\t\t

7

\n\t\t\t		\n\t\t\t

Accountant

\n\t\t\t		\n\t\t\t

BSc In Commence/ Accounts or relevant field

\n\t\t\t		\n\t\t\t

03

\n\t\t\t
\n\t\t\t

Suitable experts in the following specializations

\n\t\t\t
\n\t\t\t

8

\n\t\t\t		\n\t\t\t

E&S Officer.

\n\t\t\t		\n\t\t\t

BS Environment/ Anthropology 

\n\t\t\t		\n\t\t\t

03

\n\t\t\t
\n\n

 

\n\n

Equipment

\n\n

    The Bidder must demonstrate that it will have access to the key Contractor’s equipment listed hereafter:

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

No.

\n\t\t\t		\n\t\t\t

Equipment Type and Characteristics

\n\t\t\t		\n\t\t\t

Minimum Number required

\n\t\t\t
\n\t\t\t

1

\n\t\t\t		\n\t\t\t

Concrete Mixer

\n\t\t\t		\n\t\t\t

02

\n\t\t\t
\n\t\t\t

2

\n\t\t\t		\n\t\t\t

Generator

\n\t\t\t		\n\t\t\t

01

\n\t\t\t
\n\t\t\t

3

\n\t\t\t		\n\t\t\t

Safety Equipment

\n\t\t\t		\n\t\t\t

02 No. Set

\n\t\t\t
\n\t\t\t

4

\n\t\t\t		\n\t\t\t

Concrete Vibrator

\n\t\t\t		\n\t\t\t

02

\n\t\t\t
\n\t\t\t

5

\n\t\t\t		\n\t\t\t

Survey Equipment

\n\t\t\t		\n\t\t\t

01

\n\t\t\t
\n\t\t\t

6

\n\t\t\t		\n\t\t\t

Formwork

\n\t\t\t		\n\t\t\t

45000 sft

\n\t\t\t
\n\t\t\t

7

\n\t\t\t		\n\t\t\t

Excavator

\n\t\t\t		\n\t\t\t

01

\n\t\t\t
\n\t\t\t

8

\n\t\t\t		\n\t\t\t

 Truck/Tractor with trolley

\n\t\t\t		\n\t\t\t

01

\n\t\t\t
\n\t\t\t

9

\n\t\t\t		\n\t\t\t

First Aid Box

\n\t\t\t		\n\t\t\t

02

\n\t\t\t
\n\n

 

\n\n

 

\n\n

            ANNEX 3: Contract Forms

\n\n

Contract Agreement

\n\n

THIS AGREEMENT made the . . . . . .day of 2025 between Khyber Pakhtunkhwa Integrated Tourism Development Project (KITE) Department of Tourism (DoT) Govt. of Khyber Pakhtunkhwa (hereinafter “the Employer”), of the one part, and . . . . . [name of the Contractor]. . . . .(hereinafter “the Contractor”), of the other part:

\n\n

 

\n\n

WHEREAS the Employer invited a Quotation for the execution of Works, [insert brief description of the Works], and has accepted the Quotation by the Contractor for the Works:

\n\n

The Employer and the Contractor agree as follows:

\n\n
    \n\t
  1. \n\t
      \n\t\t
    1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Contract documents referred to.
      2. \n\t\t
    2. The following documents shall be deemed to form and be read and construed as part of this Agreement. This Agreement shall prevail over all other Contract documents.
      3. \n\t
    \n\t
    2. \n\t
  2. the Letter of Award of Contract
    3. \n\t
  3. the Contractor’s Quotation
    4. \n\t
  4. the Conditions of Contract, including Appendices
    5. \n\t
  5. the Specifications
    6. \n\t
  6. the Drawings (if Applicable)
    7. \n\t
  7. Bill of Quantities; [3] and
    8. \n\t
  8. any other document listed in the CC as forming part of the Contract.\n\t
      \n\t\t
    1. In consideration of the payments to be made by the Employer to the Contractor as specified in this Agreement, the Contractor hereby covenants with the Employer to execute the Works and to remedy defects therein in conformity in all respects with the provisions of the Contract.
      2. \n\t\t
    2. The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the Works and the remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract.
      3. \n\t
    \n\t
    9. \n
\n\n

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with the laws of . . . …….  [insert the name of the Contract governing law country] on the day, month and year specified above.

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Signed by:

\n\t\t\t		\n\t\t\t

Project Director PMU KITE

\n\t\t\t		\n\t\t\t

Signed by:

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

for and on behalf of the Employer

\n\t\t\t		\n\t\t\t

for and on behalf the Contractor

\n\t\t\t
\n\t\t\t

in the presence of:

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

in the presence of:

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

Witness, Name, Signature, Address, Date

\n\t\t\t		\n\t\t\t

Witness, Name, Signature, Address, Date

\n\t\t\t
\n\n

 

\n\n

 

\n\n

Conditions of Contract

\n\n

Table of Clauses

\n\n

A.  General 17

\n\n

1.      Definitions. 17

\n\n

2.      Contract Specific Information. 19

\n\n

3.      Interpretation. 21

\n\n

4.      Prohibitions. 22

\n\n

5.      Project Manager’s Decisions. 22

\n\n

6.      Subcontracting. 22

\n\n

7.      Cooperation. 22

\n\n

8.      Personnel and Equipment 23

\n\n

9.      Employer’s and Contractor’s Risks. 25

\n\n

10.    Employer’s Risks. 25

\n\n

11.    Contractor’s Risks. 26

\n\n

12.    Insurance. 26

\n\n

13.    Site Data. 26

\n\n

14.    Contractor to Construct the Works. 26

\n\n

15.    Approval by the Project Manager 26

\n\n

16.    Health, Safety and Protection of the Environment 27

\n\n

17.    Archaeological and Geological Findings. 27

\n\n

18.    Possession of the Site. 27

\n\n

19.    Access to the Site. 27

\n\n

20.    Instructions, Inspections and Audits. 27

\n\n

21.    Appointment of the Adjudicator 28

\n\n

22.    Procedure for Disputes. 28

\n\n

23.    Fraud and Corruption. 29

\n\n

24.    Security of the Site. 29

\n\n

B.  Time Control 29

\n\n

25.    Program and Progress Reports. 29

\n\n

26.    Extension of the Completion Date. 30

\n\n

27.    Acceleration. 30

\n\n

28.    Delays Ordered by the Project Manager 30

\n\n

29.    Management Meetings. 30

\n\n

30.    Early Warning. 30

\n\n

C.  Quality Control 31

\n\n

31.    Identifying Defects. 31

\n\n

32.    Tests. 31

\n\n

33.    Correction of Defects. 31

\n\n

34.    Uncorrected Defects. 31

\n\n

D.  Cost Control 31

\n\n

35.    Contract Price. 31

\n\n

36.    Changes in the Contract Price. 32

\n\n

37.    Variations. 32

\n\n

38.    Payment Certificates. 33

\n\n

39.    Payments. 33

\n\n

40.    Compensation Events. 33

\n\n

41.    Tax. 34

\n\n

42.    Price Adjustment 34

\n\n

43.    Retention. 34

\n\n

44.    Liquidated Damages and Bonuses. 35

\n\n

45.    Advance Payment 35

\n\n

46.    Performance Security. 36

\n\n

47.    Dayworks. 36

\n\n

48.    Cost of Repairs. 36

\n\n

E.  Finishing the Contract 36

\n\n

49.    Completion. 36

\n\n

50.    Taking Over 36

\n\n

51.    Final Account 36

\n\n

52.    Operating and Maintenance Manuals. 36

\n\n

53.    Termination. 37

\n\n

54.    Payment upon Termination. 38

\n\n

55.    Property. 38

\n\n

56.    Release from Performance. 38

\n\n

57.    Suspension of Bank Loan or Credit 38

\n\n

 

\n\n

 

\n\n

 

\n\n

Conditions of Contract

\n\n

A.  General

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t
    \n\t\t\t\t
  1. Definitions
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The following words and expressions shall have the meanings hereby assigned to them. Boldface type is used to identify defined terms.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t\t
  2. The Accepted Contract Amount means the amount accepted in the Letter of Award of Contract for the execution and completion of the Works and the remedying of any defects.
    3. \n\t\t\t\t
  3. The Activity Schedule is a schedule of the activities comprising the construction, installation, testing, and commissioning of the Works in a lump-sum contract. It includes a lump-sum price for each activity, which is used for valuations and for assessing the effects of Variations and Compensation Events.
    4. \n\t\t\t\t
  4. The Adjudicator is the person appointed jointly by the Employer and the Contractor to resolve disputes in the first instance, as provided for in CC 21.
    5. \n\t\t\t\t
  5. “Bank” means the World Bank and refers to the International Bank for Reconstruction and Development (IBRD) or the International Development Association (IDA).
    6. \n\t\t\t\t
  6. Bill of Quantities means the priced and completed Bill of Quantities forming part of the Contractor’s Quotation.
    7. \n\t\t\t\t
  7. Compensation Events are those defined in CC 40.
    8. \n\t\t\t\t
  8. The Completion Date is the date of completion of the Works as certified by the Project Manager, in accordance with CC 49.1.
    9. \n\t\t\t\t
  9. The Contract is the Contract between the Employer and the Contractor to execute, complete, and maintain the Works. It consists of the documents listed in CC 3.3 below.
    10. \n\t\t\t\t
  10. The Contractor is the party whose Quotation to carry out the Works has been accepted by the Employer.
    11. \n\t\t\t\t
  11. The Contractor’s Quotation is the completed quotation document submitted by the Contractor to the Employer.
    12. \n\t\t\t\t
  12. The Contract Price is the Accepted Contract Amount stated in the Letter of Award of Contract and thereafter as adjusted in accordance with the Contract.
    13. \n\t\t\t\t
  13. Days are calendar days; months are calendar months.
    14. \n\t\t\t\t
  14. Dayworks are varied work inputs subject to payment on a time basis for the Contractor’s employees and Equipment, in addition to payments for associated Materials and Plant.
    15. \n\t\t\t\t
  15. A Defect is any part of the Works not completed in accordance with the Contract.
    16. \n\t\t\t\t
  16. The Defects Liability Certificate is the certificate issued by Project Manager upon correction of defects by the Contractor.
    17. \n\t\t\t\t
  17. The Defects Liability Period is the period specified in CC 2.12 and calculated from the Completion Date.
    18. \n\t\t\t\t
  18. Drawings means the drawings of the Works, as included in the Contract, and any additional and modified drawings issued by (or on behalf of) the Employer in accordance with the Contract, include calculations and other information provided or approved by the Project Manager for the execution of the Contract.
    19. \n\t\t\t\t
  19. The Employer is the party who employs the Contractor to carry out the Works, as specified in CC 2.1.
    20. \n\t\t\t\t
  20. Equipment is the Contractor’s machinery and vehicles brought temporarily to the Site to construct the Works.
    21. \n\t\t\t\t
  21. “In writing” or “written” means hand-written, type-written, printed or electronically made, and resulting in a permanent record.
    22. \n\t\t\t\t
  22. The Intended Completion Date is the date on which it is intended that the Contractor shall complete the Works as specified in CC 2.1. 
    23. \n\t\t\t\t
  23. Materials are all supplies, including consumables, used by the Contractor for incorporation in the Works.
    24. \n\t\t\t\t
  24. Plant is any integral part of the Works that shall have a mechanical, electrical, chemical, or biological function.
    25. \n\t\t\t\t
  25. The Project Manager is the person named in CC 2.1 (or any other competent person appointed by the Employer and notified to the Contractor, to act in replacement of the Project Manager) who is responsible for supervising the execution of the Works and administering the Contract.
    26. \n\t\t\t\t
  26. The Site is the area defined as such in the CC 2.1.
    27. \n\t\t\t\t
  27. Site Investigation Reports are those, if any, that were included in the request for quotations documents and are factual and interpretative reports about the surface and subsurface conditions at the Site.
    28. \n\t\t\t\t
  28. Specifications means the Specifications of the Works included in the Contract and any modification or addition made or approved by the Project Manager.
    29. \n\t\t\t\t
  29. The Start Date is given in CC 2.1. It is the latest date when the Contractor shall commence execution of the Works. 
    30. \n\t\t\t\t
  30. A Subcontractor is a person or corporate body who has a Contract with the Contractor to carry out a part of the work in the Contract, which includes work on the Site.
    31. \n\t\t\t\t
  31. Temporary Works are works designed, constructed, installed, and removed by the Contractor that are needed for construction or installation of the Works.
    32. \n\t\t\t\t
  32. A Variation is an instruction given by the Project Manager which varies the Works.
    33. \n\t\t\t\t
  33. The Works are what the Contract requires the Contractor to construct, install, and turn over to the Employer, as defined in the CC 2.1.
    34. \n\t\t\t\t
  34. “Contractor’s Personnel” refers to all personnel whom the Contractor utilizes on the Site or other places where the Works are carried out, including the staff, labor and other employees of each Subcontractor.
    35. \n\t\t\t\t
  35. “Key Personnel” means the positions (if any) of the Contractor’s personnel that are included in the contract.
    36. \n\t\t\t\t
  36. “Sexual Exploitation and Abuse” “(SEA)” means the following:
    37. \n\t\t\t
\n\n\t\t\t

Sexual Exploitation is defined as any actual or attempted abuse of position of vulnerability, differential power or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another;

\n\n\t\t\t

Sexual Abuse is defined as the actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions; 

\n\n\t\t\t
    \n\t\t\t\t
  1. “Sexual Harassment” “(SH)” is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature by the Contractor’s Personnel with other Contractor’s or Employer’s Personnel; and
    2. \n\t\t\t\t
  2. “Employer’s Personnel” refers to the Project Manager and all other staff, labor and other employees (if any) of the Project Manager and of the Employer engaged in fulfilling the Employer’s obligations under the Contract; and any other personnel identified as Employer’s Personnel, by a notice from the Employer or the Project Manager to the Contractor.
    3. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Contract Specific Information
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1.  General
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t\t
  2. The Employer is: Project Director, Khyber Pakhtunkhwa Integrated Tourism Development Project (KITE)
    3. \n\t\t\t\t
  3. The Intended Completion Date for the whole of the Works shall be: 90 Days.
    4. \n\t\t\t\t
  4. The Project Manager is: [insert name, address, and name of authorized representative]
    5. \n\t\t\t\t
  5. The Site is located at Jamrud Fort District Khyber, Khyber Pakhtunkhgwa.
    6. \n\t\t\t\t
  6. The Start Date shall be: within 07 working days after handing taking over of the site between Directorate of Archaeology and Museum (DoAM) & Contractor.
    7. \n\t\t\t\t
  7. The Works consist of: Conservation, Restoration & Development work at Jamrud Fort, District Khyber\n\t\t\t\t
      \n\t\t\t\t\t
    1. Any notice given by one Party to the other pursuant to the Contract shall be in writing to the address hereafter using the quickest available method such as electronic mail with proof of receipt.
      2. \n\t\t\t\t
    \n\t\t\t\t
    8. \n\t\t\t
\n\n\t\t\t

Address for notices to the Employer:

\n\n\t\t\t

Project Director PMU KITE DoT.

\n\n\t\t\t

Khyber Pakhtunkhwa Integrated Tourism Development Project (KITE) Department of Tourism (DoT).

\n\n\t\t\t

House No 20, Syed Jamal Uddin Afghani Road University Town Peshawar, Khyber Pakhtunkhwa, Pakistan

\n\n\t\t\t

pdkitedot@gmail.com , procurement.kite@gmail.com

\n\n\t\t\t

Address for notices to the Contractor:

\n\n\t\t\t

[insert the name of officer authorized to receive notices]

\n\n\t\t\t

[title/position]

\n\n\t\t\t

[department/work unit]

\n\n\t\t\t

[address]

\n\n\t\t\t

           [Electronic mail address]

\n\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. In accordance with CC 3.2, Sectional Completions  are: 90 days after signing of the contract.
      2. \n\t\t\t\t\t
    2. The language of the contract is English. The language shall be that of the Quotation.
      3. \n\t\t\t\t\t
    3. The Contract shall be governed by the law of : “Islamic Republic of Pakistan .
      4. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\n\t\t\t

The contract specific information for the listed Conditions of Contract (CC) clauses follows:

\n\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. CC 12: The minimum insurance amounts and deductibles shall be:   (N/A)
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t\t
  2. for loss or damage to the Works, Plant and Materials: [insert amounts].
    3. \n\t\t\t\t
  3. For loss or damage to Equipment: [insert amounts].
    4. \n\t\t\t\t
  4. for loss or damage to property (except the Works, Plant, Materials, and Equipment) in connection with Contract [insert amounts].
    5. \n\t\t\t\t
  5. for personal injury or death: of the Contractor’s employees: [amount] of other people: [amount].\n\t\t\t\t
      \n\t\t\t\t\t
    1. CC 13: Site Data are: Jamrud Fort, District Khyber.
      2. \n\t\t\t\t\t
    2. CC 18:  Site Possession Date(s) shall be: with in 07 days after signing of contract.
      3. \n\t\t\t\t\t
    3. CC 21: Appointing Authority of Adjudicator: Secretary Toursim Govt. of Khyber Pakhtunkhwa.
      4. \n\t\t\t\t\t
    4. CC 25.1: A Program for the Works shall be submitted within: 07 days from the date of the Letter of Award of Contract.
      5. \n\t\t\t\t\t
    5. CC 25.2: The period for submission of progress reports is: The contractor shall submit Monthly & Qualrerly Progress Report.
      6. \n\t\t\t\t\t
    6. CC 33: The Defects Liability Period shall be: 90 days from the date of Completion.
      7. \n\t\t\t\t\t
    7. CC 43: The retention amount shall be: 5% on each Bill/Invoice.
      8. \n\t\t\t\t\t
    8. CC 44.1: The liquidated damages for the whole of the Works shall be: 0.05% of the final Contract Price per day.. 
      9. \n\t\t\t\t\t
    9. CC 44.1: The maximum amount of liquidated damages for the whole of the Works is: 10% of the final Contract Price.
      10. \n\t\t\t\t\t
    10. CC 44.3: the Bonus for the whole of the Works is: (N/A)
      11. \n\t\t\t\t\t
    11. CC 45: The Advance Payment shall be: (10%) of the Accepted Contract Amount and shall be paid to the Contractor no later than 30 days after the Contractor submits an acceptable Bank Guarantee.
      12. \n\t\t\t\t\t
    12. CC 46: The Performance Security amount shall be for an amount of: [10%] of the Accepted Contract Amount in the form of an irrevocable unconditional Bank Guaranty issued by a schedule Bank of Pakistan  
      13. \n\t\t\t\t
    \n\t\t\t\t
    6. \n\t\t\t
\n\n\t\t\t
    \n\t\t\t\t
  • Successful Bidder shall submit (Eight) 8% of the Accepted Contract Amount as Performance Security in the shape of Bank Guarantee on Performance Security Forms included in Section X.
    • \n\t\t\t\t
  • Successful Bidder shall submit (Two) 2% of the Accepted Contract Amount as an Environmental and Social (ES) Performance Security in the shape of Bank Guarantee on Environmental and Social (ES) Performance Security Forms included in Section X\n\t\t\t\t
      \n\t\t\t\t\t
    1. CC 52.1: The date by which operating and maintenance manuals are required is [insert date]. In accordance with CC 52.1, the date by which “as built” drawings are required is [insert date].(N/A)
      2. \n\t\t\t\t\t
    2. CC 52.2: The amount to be withheld: as per CC-2.13.
      3. \n\t\t\t\t\t
    3. CC 54.1: The percentage to apply to the value of the work not completed is: 15%.
      4. \n\t\t\t\t
    \n\t\t\t\t
    • \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Interpretation
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. In interpreting these CC, words indicating one gender include all genders. Words indicating the singular also include the plural and words indicating the plural also include the singular.  Headings have no significance. Words have their normal meaning under the language of the Contract unless specifically defined. The Project Manager shall provide instructions clarifying queries about these CC.\n\t\t\t\t
      \n\t\t\t\t\t
    1. If sectional completion is specified in CC 2.3, references in the CC to the Works, the Completion Date, and the Intended Completion Date apply to any Section of the Works (other than references to the Completion Date and Intended Completion Date for the whole of the Works).
      2. \n\t\t\t\t\t
    2. The documents forming the Contract shall be interpreted in the following order of priority:
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t\t
  2. the Contract Agreement,
    3. \n\t\t\t\t
  3. The Letter of Award of Contract
    4. \n\t\t\t\t
  4. The Contractor’s Quotation,
    5. \n\t\t\t\t
  5. the Conditions of Contract, including Appendices
    6. \n\t\t\t\t
  6. the Specifications,
    7. \n\t\t\t\t
  7. the Bill of Quantities,[4]
    8. \n\t\t\t\t
  8. Handing taking with DoAM, and
    9. \n\t\t\t\t
  9. any other document to be specified by Employer).
    10. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Prohibitions
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. Throughout the execution of the Contract, the Contractor shall comply with the import of goods and services prohibitions in the Employer’s country when
    2. \n\t\t\t\t
  2. as a matter of law or official regulations, the Borrower’s country prohibits commercial relations with that country; or
    3. \n\t\t\t\t
  3. by an act of compliance with a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, the Borrower’s Country prohibits any import of goods from that country or any payments to any country, person, or entity in that country.
    4. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Project Manager’s Decisions
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. Except where otherwise specifically stated, the Project Manager shall decide contractual matters between the Employer and the Contractor in the role representing the Employer.
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Subcontracting
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Contractor may subcontract with the approval of the Project Manager but may not assign the Contract without the approval of the Employer in writing. Subcontracting shall not alter the Contractor’s obligations.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Cooperation
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Contractor shall cooperate with and allow appropriate opportunities for other contractors, public authorities, utilities, and the Employer, to carry out on or near the Site work, if any, not included in the Contract.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Personnel and Equipment
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Contractor shall employ the Key Personnel and use the Equipment identified in its quotation, to carry out the Works or other personnel and Equipment approved by the Project Manager. The Project Manager shall approve any proposed replacement of Key Personnel and Equipment only if their relevant qualifications or characteristics are substantially equal to or better than those proposed in the quotation.
      2. \n\t\t\t\t\t
    2. The Project Manager may require the Contractor to remove (or cause to be removed) any person employed on the Site or Works, including the Key Personnel (if any), who:
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t\t
  2. persists in any misconduct or lack of care;
    3. \n\t\t\t\t
  3. carries out duties incompetently or negligently;
    4. \n\t\t\t\t
  4. fails to comply with any provision of the Contract;
    5. \n\t\t\t\t
  5. persists in any conduct which is prejudicial to safety, health, or the protection of the environment;
    6. \n\t\t\t\t
  6. engages in Sexual Harassment, Sexual Exploitation, Sexual Abuse or in any form of sexual activity with individuals under the age of 18 except in case of pre-existing marriage;
    7. \n\t\t\t\t
  7. based on reasonable evidence, is determined to have engaged in Fraud and Corruption during the execution of the Works; or
    8. \n\t\t\t\t
  8. has been recruited from the Employer’s Personnel.
    9. \n\t\t\t
\n\n\t\t\t

As appropriate, the Contractor shall then promptly appoint (or cause to be appointed) a suitable replacement with equivalent skills and experience.

\n\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Labor
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\n\t\t\t

8.3.1 Engagement of Staff and Labor. The Contractor shall provide and employ on the Site for the execution of the Works such skilled, semi-skilled and unskilled labor as is necessary for the proper and timely execution of the Contract. The Contractor is encouraged, to the extent practicable and reasonable, to employ staff and labor with appropriate qualifications and experience from sources within the Country.

\n\n\t\t\t

8.3.2 Labor Laws. The Contractor shall comply with all the relevant labor laws applicable to the Contractor’s Personnel, including laws relating to their employment, health, safety, welfare, immigration and emigration, and shall allow them all their legal rights.:

\n\n\t\t\t

8.3.3 Facilities for Staff and Labor. All the facilities for staff and labor are to be provided by the Contractor, The Contractor shall provide and maintain all necessary accommodation and welfare facilities for the Contractor’s Personnel.

\n\n\t\t\t

8.3.4 Supply of Foodstuffs. The Contractor shall arrange for the provision of a sufficient supply of suitable food at reasonable prices for the Contractor’s Personnel for the purposes of or in connection with the Contract.

\n\n\t\t\t

8.3.5 Supply of Water. The Contractor shall, having regard to local conditions, provide on the Site an adequate supply of drinking and other water for the use of the Contractor’s Personnel.

\n\n\t\t\t

8.3.6 Forced Labor. The Contractor, including its Subcontractors, shall not employ or engage forced labor. Forced labor consists of any work or service, not voluntarily performed, that is exacted from an individual under threat of force or penalty, and includes any kind of involuntary or compulsory labor, such as indentured labor, bonded labor or similar labor-contracting arrangements.

\n\n\t\t\t

No persons shall be employed or engaged who have been subject to trafficking. Trafficking in persons is defined as the recruitment, transportation, transfer, harboring or receipt of persons by means of the threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power, or of a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purposes of exploitation.

\n\n\t\t\t

8.3.7 Child Labor. The Contractor, including its Subcontractors, shall not employ or engage a child under the age of 14 unless the national law specifies a higher age.

\n\n\t\t\t

The Contractor, including its Subcontractors, shall not employ or engage a child between the minimum age and the age of 18 in a manner that is likely to be hazardous, or to interfere with, the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral, or social development.

\n\n\t\t\t

The Contractor including its Subcontractors, shall only employ or engage children between the minimum age and the age of 18 after an appropriate risk assessment has been conducted by the Contractor with the Project Manager’s approval. The Contractor shall be subject to regular monitoring by the Project Manager that includes monitoring of health, working conditions and hours of work.

\n\n\t\t\t

Work considered hazardous for children is work that, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety, or morals of children. Such work activities prohibited for children include work:

\n\n\t\t\t
    \n\t\t\t\t
  1. with exposure to physical, psychological or sexual abuse;
    2. \n\t\t\t\t
  2. underground, underwater, working at heights or in confined spaces;
    3. \n\t\t\t\t
  3. with dangerous machinery, equipment or tools, or involving handling or
    4. \n\t\t\t\t
  4. transport of heavy loads;
    5. \n\t\t\t\t
  5. in unhealthy environments exposing children to hazardous substances, agents, or processes, or to temperatures, noise or vibration damaging to health; or
    6. \n\t\t\t\t
  6. under difficult conditions such as work for long hours, during the night or in confinement on the premises of the employer.
    7. \n\t\t\t
\n\n\t\t\t

8.3.8 Employment Records of Workers. The Contractor shall keep complete and accurate records of the employment of labor at the Site.

\n\n\t\t\t

8.3.9 Non-Discrimination and Equal Opportunity. The Contractor shall not make decisions relating to the employment or treatment of Contractor’s Personnel on the basis of personal characteristics unrelated to inherent job requirements. The Contractor shall base the employment of Contractor’s Personnel on the principle of equal opportunity and fair treatment, and shall not discriminate with respect to any aspects of the employment relationship.

\n\n\t\t\t

8.3.10 Contractor’s Personnel Grievance Mechanism. The Contractor shall have a proportionate grievance mechanism for Contractor’s Personnel.

\n\n\t\t\t

8.3.11 Awareness of Contractor’s Personnel. The Contractor shall provide appropriate awareness to relevant Contractor’s Personnel on any applicable environmental and social aspects of the Contract, including on health, safety and prohibition of SEA and SH.

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Employer’s and Contractor’s Risks
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. The Employer carries the risks which this Contract states are Employer’s risks, and the Contractor carries the risks which this Contract states are Contractor’s risks.
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Employer’s Risks
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. From the Start Date until the Defects Liability Certificate has been issued, the following are Employer’s risks:
    2. \n\t\t\t\t
  2. The risk of personal injury, death, or loss of or damage to property (excluding the Works, Plant, Materials, and Equipment), which are due to\n\t\t\t\t
      \n\t\t\t\t\t
    1. use or occupation of the Site by the Works or for the purpose of the Works, which is the unavoidable result of the Works or
      2. \n\t\t\t\t\t
    2. negligence, breach of statutory duty, or interference with any legal right by the Employer or by any person employed by or contracted to him except the Contractor.
      3. \n\t\t\t\t
    \n\t\t\t\t
    3. \n\t\t\t\t
  3. The risk of damage to the Works, Plant, Materials, and Equipment to the extent that it is due to a fault of the Employer or in the Employer’s design, or due to war or radioactive contamination directly affecting the country where the Works are to be executed.\n\t\t\t\t
      \n\t\t\t\t\t
    1. From the Completion Date until the Defects Liability Certificate has been issued, the risk of loss of or damage to the Works, Plant, and Materials is an Employer’s risk except loss or damage due to
      2. \n\t\t\t\t
    \n\t\t\t\t
    4. \n\t\t\t
\n\n\t\t\t
    \n\t\t\t\t
  1. a Defect which existed on the Completion Date,
    2. \n\t\t\t\t
  2. an event occurring before the Completion Date, which was not itself an Employer’s risk, or
    3. \n\t\t\t\t
  3. the activities of the Contractor on the Site after the Completion Date.
    4. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Contractor’s Risks
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. From the Starting Date until the Defects Liability Certificate has been issued, the risks of personal injury, death, and loss of or damage to property (including, without limitation, the Works, Plant, Materials, and Equipment) which are not Employer’s risks are Contractor’s risks.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Insurance
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Contractor shall provide, in the joint names of the Employer and the Contractor, insurance cover from the Start Date to the end of the Defects Liability Period, in the amounts and deductibles specified in CC 2.6, for listed events which are due to the Contractor’s risks:
      2. \n\t\t\t\t\t
    2. Policies and certificates for insurance shall be delivered by the Contractor to the Project Manager for the Project Manager’s approval before the Start Date. All such insurance shall provide for compensation to be payable in the types and proportions of currencies required to rectify the loss or damage incurred.
      3. \n\t\t\t\t\t
    3. If the Contractor does not provide any of the policies and certificates required, the Employer may effect the insurance which the Contractor should have provided and recover the premiums the Employer has paid from payments otherwise due to the Contractor or, if no payment is due, the payment of the premiums shall be a debt due.
      4. \n\t\t\t\t\t
    4. Alterations to the terms of an insurance shall not be made without the approval of the Project Manager.
      5. \n\t\t\t\t\t
    5. Both parties shall comply with any conditions of the insurance policies.
      6. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Site Data
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Contractor shall be deemed to have examined any Site Data referred to in CC 2.7, supplemented by any information available to the Contractor.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Contractor to Construct the Works
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Contractor shall construct and install the Works in accordance with the Specifications and Drawings.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Approval by the Project Manager
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Contractor shall submit Specifications and Drawings showing the proposed Temporary Works to the Project Manager, for his approval.
      2. \n\t\t\t\t\t
    2. The Contractor shall be responsible for design of Temporary Works.
      3. \n\t\t\t\t\t
    3. The Project Manager’s approval shall not alter the Contractor’s responsibility for design of the Temporary Works.
      4. \n\t\t\t\t\t
    4. The Contractor shall obtain approval of third parties to the design of the Temporary Works, where required.
      5. \n\t\t\t\t\t
    5. All Drawings prepared by the Contractor for the execution of the temporary or permanent Works, are subject to prior approval by the Project Manager before this use.
      6. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Health, Safety and Protection of the Environment
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Contractor shall be responsible for the safety of all activities on the Site, and for taking care of the health and safety of all persons entitled to be on the Site and any other place where the Works are being executed.
      2. \n\t\t\t\t\t
    2. The Contractor shall comply with all applicable health and safety regulations and laws.
      3. \n\t\t\t\t\t
    3. Protection of the environment
      4. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t\t
  2. The Contractor shall take all necessary measures to: protect the environment (both on and off the Site); and
    3. \n\t\t\t\t
  3.  limit damage and nuisance to people and property resulting from pollution, noise and other results of the Contractor’s operations and/ or activities.
    4. \n\t\t\t
\n\n\t\t\t

In the event of damage to the environment, property and/or nuisance to people, on or off Site as a result of the Contractor’s operations, the Contractor shall agree with the Project Manager  the appropriate actions and time scale to remedy, as practicable, the damaged environment to its former condition. The Contractor shall implement such remedies at its cost to the satisfaction of the Project Manager.

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Archaeological and Geological Findings
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. All fossils, coins, articles of value or antiquity, structures, groups of structures, and other remains or items of geological, archaeological, paleontological, historical, architectural or religious interest found on the Site shall be placed under the care and custody of the Employer.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Possession of the Site
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. If possession of a part is not given by the date stated in CC 2.8, the Employer shall be deemed to have delayed the start of the relevant activities, and this shall be a Compensation Event.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Access to the Site
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Contractor shall allow the Project Manager and any person authorized by the Project Manager access to the Site and to any place where work in connection with the Contract is being carried out or is intended to be carried out.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Instructions, Inspections and Audits
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Contractor shall carry out all instructions of the Project Manager which comply with the applicable laws where the Site is located.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Contractor shall keep and shall make all reasonable efforts to cause its Subcontractors and subconsultants to keep, accurate and systematic accounts and records in respect of the Works in such form and details as will clearly identify relevant time changes and costs.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Inspections & Audit by the Bank
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\n\t\t\t

Pursuant to paragraph 2.2 e. of Appendix A to the CC- Fraud and Corruption, the Contractor shall permit and shall cause its agents (where declared or not), subcontractors, subconsultants, service providers, suppliers, and personnel, to permit, the Bank and/or persons appointed by the Bank to inspect the site and/or the accounts, records and other documents relating to the procurement process, selection and/or contract execution, and to have such accounts, records and other documents audited by auditors appointed by the Bank. The Contractor’s and its Subcontractors’ and subconsultants’ attention is drawn to CC 23.1 (Fraud and Corruption) which provides, inter alia, that acts intended to materially impede the exercise of the Bank’s inspection and audit rights constitute a prohibited practice subject to contract termination (as well as to a determination of ineligibility pursuant to the Bank’s prevailing sanctions procedures).

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Appointment of the Adjudicator
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Employer and the Contractor shall jointly appoint an adjudicator with relevant experience, within 7 (seven) days of contract signature. In case of disagreement between the Employer and the Contractor on the appointment of the Adjudicator within this period, either party will request the Appointing authority stated in CC 2.9, to appoint the Adjudicator within 7 (seven) days of receipt of such request.
      2. \n\t\t\t\t\t
    2. Should the Adjudicator resign or die, or should the Employer and the Contractor agree that the Adjudicator is not functioning in accordance with the provisions of the Contract, a new Adjudicator shall be jointly appointed by the Employer and the Contractor.  In case of disagreement between the Employer and the Contractor, within 14 (fourteen) days, the Adjudicator shall be designated by the Appointing Authority stated in CC 2.9, at the request of either party, within 7 (seven) days of receipt of such request.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Procedure for Disputes
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. If the Contractor believes that a decision taken by the Project Manager was either outside the authority given to the Project Manager by the Contract or that the decision was wrongly taken, the decision shall be referred to the Adjudicator within 14 (fourteen) days of the notification of the Project Manager’s decision.
      2. \n\t\t\t\t\t
    2. The Adjudicator shall give a decision in writing within 14 (fourteen) days of receipt of a notification of a dispute. The adjudicator’s cost (hourly fee and reimbursable expenses) shall be divided equally between the Employer and the Contractor, whatever decision is reached by the Adjudicator.
      3. \n\t\t\t\t\t
    3.  Both parties shall attempt to settle the dispute amicably before commencement of arbitration. If the dispute is not settled amicably within 14 (fourteen) days of the Adjudicator’s written decision, either party may refer a decision of the Adjudicator to an Arbitrator. If neither party refers the dispute to arbitration within 28 (twenty eight) days of the Adjudicator’s written decision, the Adjudicator’s decision shall be final and binding. The arbitration shall be conducted in accordance with the following arbitration procedures. Islamic Republic of Pakistan.
      4. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t\t
  2. Contract with foreign Contractor:
    3. \n\t\t\t
\n\n\t\t\t

[unless the Employer chooses the commercial arbitration rules of another international arbitral institution, the following sample clause should be inserted:]

\n\n\t\t\t

All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.

\n\n\t\t\t
    \n\t\t\t\t
  1. Contracts with Contractor national of the Employer’s Country:
    2. \n\t\t\t
\n\n\t\t\t

In the case of a dispute between the Employer and a Contractor who is a national of the Employer’s Country, the dispute shall be referred to adjudication or arbitration in accordance with the laws of the Employer’s Country.]

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Fraud and Corruption
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Bank requires compliance with the Bank’s Anti-Corruption Guidelines and its prevailing sanctions policies and procedures as set forth in the WBG’s Sanctions Framework, as set forth in Appendix A to the CC.
      2. \n\t\t\t\t\t
    2. The Employer requires the Contractor to disclose any commissions or fees that may have been paid or are to be paid to agents or any other party with respect to the to the request for quotations or execution of the Contract. The information disclosed must include at least the name and address of the agent or other party, the amount and currency, and the purpose of the commission, gratuity or fee.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1.  Security of the Site
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Contractor shall be responsible for the security of the Site, and:
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t\t
  2. for keeping unauthorized persons off the Site;
    3. \n\t\t\t\t
  3. authorized persons shall be limited to the Contractor’s Personnel, the Employer’s Personnel, and to any other personnel identified as authorized personnel (including the Employer’s other contractors on the Site), by a notice from the Employer or the Project Manager to the Contractor.
    4. \n\t\t\t
\n\n\t\t\t

The Contractor shall require the security personnel to act within the applicable Laws.

\n\t\t\t
\n\t\t\t

B.  Time Control

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Program and Progress Reports
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Contractor shall submit for approval a Program for the Works, within the period stated in CC 2.10. The Contractor may revise the Program and submit it to the Project Manager again at any time.  A revised Program shall show any effect of Variations and Compensation Events.
      2. \n\t\t\t\t\t
    2. The Contractor shall monitor progress of the Works and submit progress reports to the Project manager at intervals no longer than the period stated in CC 2.11.  
      3. \n\t\t\t\t\t
    3. In addition to the progress reports stated in CC 2.11, the Contractor shall inform the Project Manager immediately of any allegation, incident or accident in the Site, which has or is likely to have a significant adverse effect including, but is not limited to, any incident or accident causing fatality or serious injury; significant adverse effects or damage to private property; or any allegation of SEA and/or SH.
      4. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\n\t\t\t

The Contractor shall provide full details of such incidents or accidents to the Project Manager within the timeframe agreed with the Project Manager.

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Extension of the Completion Date
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Project Manager shall extend the Intended Completion Date if a Compensation Event occurs or a Variation is issued which makes it impossible for Completion to be achieved by the Intended Completion Date without the Contractor taking steps to accelerate the remaining work, which would cause the Contractor to incur additional cost.
      2. \n\t\t\t\t\t
    2. If the Contractor has failed to give early warning of a delay or has failed to cooperate in dealing with a delay, the delay by this failure shall not be considered in assessing the new Intended Completion Date.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Acceleration
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. When the Employer wants the Contractor to finish before the Intended Completion Date, the Project Manager shall obtain priced proposals for achieving the necessary acceleration from the Contractor. If the Employer accepts these proposals, the Intended Completion Date shall be adjusted accordingly and confirmed by both the Employer and the Contractor.
      2. \n\t\t\t\t\t
    2. If the Contractor’s priced proposals for an acceleration are accepted by the Employer, they are incorporated in the Contract Price and treated as a Variation.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Delays Ordered by the Project Manager
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Project Manager may instruct the Contractor to delay the start or progress of any activity within the Works.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Management Meetings
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Either the Project Manager or the Contractor may require the other to attend a management meeting. The business of a management meeting shall be to review the plans for remaining work and to deal with matters raised in accordance with the early warning procedure.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Early Warning
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Contractor shall warn the Project Manager at the earliest opportunity of specific likely future events or circumstances that may adversely affect the quality of the work, increase the Contract Price, or delay the execution of the Works.
      2. \n\t\t\t\t\t
    2. The Contractor shall cooperate with the Project Manager in making and considering proposals for how the effect of such an event or circumstance can be avoided or reduced by anyone involved in the work and in carrying out any resulting instruction of the Project Manager.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

C.  Quality Control

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Identifying Defects
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Project Manager shall check the Contractor’s work and notify the Contractor of any Defects that are found. Such checking shall not affect the Contractor’s responsibilities. The Project Manager may instruct the Contractor to search for a Defect and to uncover and test any work that the Project Manager considers may have a Defect.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Tests
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. If the Project Manager instructs the Contractor to carry out a test not specified in the Specifications to check whether any work has a Defect and the test shows that it does, the Contractor shall pay for the test and any samples. If there is no Defect, the test shall be a Compensation Event.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Correction of Defects
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Project Manager shall give notice to the Contractor of any Defects before the end of the Defects Liability specified in CC 2.12. The Defects Liability Period shall be extended for as long as Defects remain to be corrected.
      2. \n\t\t\t\t\t
    2. Every time notice of a Defect is given, the Contractor shall correct the notified Defect within the length of time specified by the Project Manager’s notice.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Uncorrected Defects
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. If the Contractor has not corrected a Defect within the time specified in the Project Manager’s notice, the Project Manager shall assess the cost of having the Defect corrected, and the Contractor shall pay this amount.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

D.  Cost Control

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Contract Price[5]
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Bill of Quantities shall contain priced items for the Works to be performed by the Contractor. The Bill of Quantities is used to calculate the Contract Price. The Contractor will be paid for the quantity of the work accomplished at the rate in the Bill of Quantities for each item.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Changes in the Contract Price[6]
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. If the final quantity of the work done differs from the quantity in the Bill of Quantities for the particular item by more than 25 percent, provided the change exceeds 1 percent of the Accepted Contract Amount, the Project Manager shall adjust the rate to allow for the change. The Project Manager shall not adjust rates from changes in quantities if thereby the Accepted Contract Amount is exceeded by more than 15 percent, except with the prior approval of the Employer.
      2. \n\t\t\t\t\t
    2. If requested by the Project Manager, the Contractor shall provide the Project Manager with a detailed cost breakdown of any rate in the Bill of Quantities.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Variations
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. All Variations shall be included in updated Programs[7] produced by the Contractor.
      2. \n\t\t\t\t\t
    2. The Contractor shall provide the Project Manager with a quotation for carrying out the Variation when requested to do so by the Project Manager. The Project Manager shall assess the quotation, which shall be given within 7 (seven) days of the request or within any longer period stated by the Project Manager and before the Variation is ordered.
      3. \n\t\t\t\t\t
    3. If the Contractor’s quotation is unreasonable, the Project Manager may order the Variation and make a change to the Contract Price, which shall be based on the Project Manager’s own forecast of the effects of the Variation on the Contractor’s costs.
      4. \n\t\t\t\t\t
    4. If the Project Manager decides that the urgency of varying the work would prevent a quotation being given and considered without delaying the work, no quotation shall be given and the Variation shall be treated as a Compensation Event.
      5. \n\t\t\t\t\t
    5. The Contractor shall not be entitled to additional payment for costs that could have been avoided by giving early warning.
      6. \n\t\t\t\t\t
    6. If the work in the Variation corresponds to an item description in the Bill of Quantities and if, in the opinion of the Project Manager, the quantity of work above the limit stated in CC 36.1 or the timing of its execution do not cause the cost per unit of quantity to change, the rate in the Bill of Quantities shall be used to calculate the value of the Variation. If the cost per unit of quantity changes, or if the nature or timing of the work in the Variation does not correspond with items in the Bill of Quantities, the quotation by the Contractor shall be in the form of new rates for the relevant items of work. [8]
      7. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Payment Certificates
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Contractor shall submit to the Project Manager monthly statements of the estimated value of the work executed less the cumulative amount certified previously.
      2. \n\t\t\t\t\t
    2. The Project Manager shall check the Contractor’s monthly statement and certify the amount to be paid to the Contractor.
      3. \n\t\t\t\t\t
    3. The value of work executed shall be determined by the Project Manager.
      4. \n\t\t\t\t\t
    4. The value of work executed shall comprise the value of the quantities of work in the Bill of Quantities that have been completed.[9]
      5. \n\t\t\t\t\t
    5. The value of work executed shall include the valuation of Variations and Compensation Events.
      6. \n\t\t\t\t\t
    6. The Project Manager may exclude any item certified in a previous certificate or reduce the proportion of any item previously certified in any certificate in the light of later information.
      7. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Payments
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Payments shall be adjusted for deductions for advance payments and retention. The Employer shall pay the Contractor the amounts certified by the Project Manager within 28 (twenty eight) days of the date of each certificate. If the Employer makes a late payment, the Contractor shall be paid interest on the late payment in the next payment. The interest rate shall be at the prevailing rate of interest for commercial borrowing for each of the currencies in which payments are made.
      2. \n\t\t\t\t\t
    2. Items of the Works for which no rate or price has been entered in shall not be paid for by the Employer and shall be deemed covered by other rates and prices in the Contract.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Compensation Events
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The following shall be Compensation Events:
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t\t
  2. The Employer does not give access to a part of the Site by the Site Possession Date pursuant to CC 2.8.
    3. \n\t\t\t\t
  3. The Project Manager orders a delay or does not issue Drawings, Specifications, or instructions required for execution of the Works on time.
    4. \n\t\t\t\t
  4. The Project Manager instructs the Contractor to uncover or to carry out additional tests upon work, which is then found to have no Defects.
    5. \n\t\t\t\t
  5. The Project Manager unreasonably does not approve a subcontract to be let.
    6. \n\t\t\t\t
  6. Ground conditions are substantially more adverse than could reasonably have been assumed before issuance of the Letter of Award of Contract from the information issued to Contractors (including the Site Investigation Reports), from information available publicly and from a visual inspection of the Site.
    7. \n\t\t\t\t
  7. The Project Manager gives an instruction for dealing with an unforeseen condition, caused by the Employer, or additional work required for safety or other reasons.
    8. \n\t\t\t\t
  8. Other contractors, public authorities, utilities, or the Employer does not work within the dates and other constraints stated in the Contract, and they cause delay or extra cost to the Contractor.
    9. \n\t\t\t\t
  9. The advance payment is delayed.
    10. \n\t\t\t\t
  10. The effects on the Contractor of any of the Employer’s Risks.
    11. \n\t\t\t\t
  11. The Project Manager unreasonably delays issuing a Certificate of Completion.\n\t\t\t\t
      \n\t\t\t\t\t
    1. If a Compensation Event would cause additional cost or would prevent the work being completed before the Intended Completion Date, the Contract Price shall be increased and/or the Intended Completion Date shall be extended. The Project Manager shall decide whether and by how much the Contract Price shall be increased and whether and by how much the Intended Completion Date shall be extended.
      2. \n\t\t\t\t\t
    2. As soon as information demonstrating the effect of each Compensation Event upon the Contractor’s forecast cost has been provided by the Contractor, it shall be assessed by the Project Manager, and the Contract Price shall be adjusted accordingly. If the Contractor’s forecast is deemed unreasonable, the Project Manager shall adjust the Contract Price based on the Project Manager’s own forecast. The Project Manager shall assume that the Contractor shall react competently and promptly to the event.
      3. \n\t\t\t\t\t
    3. The Contractor shall not be entitled to compensation to the extent that the Employer’s interests are adversely affected by the Contractor’s not having given early warning or not having cooperated with the Project Manager.
      4. \n\t\t\t\t
    \n\t\t\t\t
    12. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Tax
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Project Manager shall adjust the Contract Price if taxes, duties, and other levies are changed between the date of submission of quotations for the Contract and the date of the last Completion certificate. The adjustment shall be the change in the amount of tax payable by the Contractor.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Price Adjustment
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Prices shall not be adjusted for any fluctuations in the cost of inputs.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Retention
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Employer shall retain from each payment due to the Contractor the proportion stated in CC 2.13 until Completion of the whole of the Works.
      2. \n\t\t\t\t\t
    2. Upon the issue of a Certificate of Completion of the Works by the Project Manager, in accordance with CC 49.1, half the total amount retained shall be repaid to the Contractor and half when the Defects Liability Period has passed and the Project Manager has certified that all Defects notified by the Project Manager to the Contractor before the end of this period have been corrected. The Contractor may substitute retention money with an “on demand” Bank guarantee.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Liquidated Damages and Bonuses
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Contractor shall pay liquidated damages to the Employer at the rate per day stated in CC 2.14 for each day that the Completion Date is later than the Intended Completion Date.  The total amount of liquidated damages shall not exceed the amount defined in CC 2.15. The Employer may deduct liquidated damages from payments due to the Contractor.  Payment of liquidated damages shall not affect the Contractor’s liabilities.
      2. \n\t\t\t\t\t
    2. If the Intended Completion Date is extended after liquidated damages have been paid, the Project Manager shall correct any overpayment of liquidated damages by the Contractor by adjusting the next payment certificate.  The Contractor shall be paid interest on the overpayment, calculated from the date of payment to the date of repayment, at the rates specified in CC 39.1.
      3. \n\t\t\t\t\t
    3. The Contractor shall be paid a Bonus calculated at the rate per calendar day stated in CC 2.16 for each day (less any days for which the Contractor is paid for acceleration) that the Completion is earlier than the Intended Completion Date. The Project Manager shall certify that the Works are complete, although they may not be due to be complete
      4. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Advance Payment
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Employer shall make advance payment to the Contractor in the amount specified in CC 2.17, against provision by the Contractor, if required in CC 2.17,  of an Unconditional Bank Guarantee in a form and by a bank acceptable to the Employer in amounts and currencies equal to the advance payment. The Guarantee shall remain effective until the advance payment has been repaid, but the amount of the Guarantee shall be progressively reduced by the amounts repaid by the Contractor.
      2. \n\t\t\t\t\t
    2. The Contractor is to use the advance payment only to pay for Equipment, Plant, Materials, and mobilization expenses required specifically for execution of the Contract. The Contractor shall demonstrate that advance payment has been used in this way by supplying copies of invoices or other documents to the Project Manager.
      3. \n\t\t\t\t\t
    3. The advance payment shall be repaid by deducting proportionate amounts from payments otherwise due to the Contractor, following the schedule of completed percentages of the Works on a payment basis. No account shall be taken of the advance payment or its repayment in assessing valuations of work done, Variations, price adjustments, Compensation Events, Bonuses, or Liquidated Damages.
      4. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Performance Security
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Performance Security, if required in CC 2.18, shall be provided to the Employer no later than the date specified in the Letter of Acceptance and shall be issued in an amount specified in CC 2.18, by a bank or surety acceptable to the Employer, and denominated in the types and proportions of the currencies in which the Contract Price is payable. The Performance Security shall be valid until a date 28 days from the date of issue of the Certificate of Completion in the case of a Bank Guarantee, and until one year from the date of issue of the Certificate of Completion in the case of a Performance Bond.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Dayworks
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. If applicable, the Dayworks rates in the Contractor’s Quotations shall be used only when the Project Manager has given written instructions in advance for additional work to be paid for in that way.
      2. \n\t\t\t\t\t
    2. All work to be paid for as Dayworks shall be recorded by the Contractor on forms approved by the Project Manager.  Each completed form shall be verified and signed by the Project Manager within two days of the work being done.
      3. \n\t\t\t\t\t
    3. The Contractor shall be paid for Dayworks subject to obtaining signed Dayworks forms.
      4. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Cost of Repairs
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Loss or damage to the Works or Materials to be incorporated in the Works between the Start Date and the end of the Defects Correction periods shall be remedied by the Contractor at the Contractor’s cost if the loss or damage arises from the Contractor’s acts or omissions.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

E.  Finishing the Contract

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Completion
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Contractor shall request the Project Manager to issue a Certificate of Completion of the Works, and the Project Manager shall do so upon deciding that the whole of the Works is completed.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Taking Over
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Employer shall take over the Site and the Works within 7 (seven) days of the Project Manager’s issuing a Certificate of Completion.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Final Account
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Contractor shall supply the Project Manager with a detailed account of the total amount that the Contractor considers payable under the Contract before the end of the Defects Liability Period. The Project Manager shall issue a Defects Liability Certificate and certify any final payment that is due to the Contractor within 56 (fifty six) days of receiving the Contractor’s account if it is correct and complete. If it is not, the Project Manager shall issue within 56 (fifty six) days a schedule that states the scope of the corrections or additions that are necessary. If the Final Account is still unsatisfactory after it has been resubmitted, the Project Manager shall decide on the amount payable to the Contractor and issue a payment certificate.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Operating and Maintenance Manuals
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. If “as built” Drawings and/or operating and maintenance manuals are required, the Contractor shall supply them by the dates stated in CC 2.19.
      2. \n\t\t\t\t\t
    2. If the Contractor does not supply the Drawings and/or manuals by the dates stated in CC 2.19, or they do not receive the Project Manager’s approval, the Project Manager shall withhold the amount stated in CC 2.20 from payments due to the Contractor.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Termination
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Employer or the Contractor may terminate the Contract if the other party causes a fundamental breach of the Contract.
      2. \n\t\t\t\t\t
    2. Fundamental breaches of Contract shall include, but shall not be limited to, the following:
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. the Contractor stops work for 28 (twenty eight) days when no stoppage of work is shown on the current Program and the stoppage has not been authorized by the Project Manager;
    2. \n\t\t\t\t
  2. the Project Manager instructs the Contractor to delay the progress of the Works, and the instruction is not withdrawn within 28 (twenty eight) days;
    3. \n\t\t\t\t
  3. the Employer or the Contractor is made bankrupt or goes into liquidation other than for a reconstruction or amalgamation;
    4. \n\t\t\t\t
  4. a payment certified by the Project Manager is not paid by the Employer to the Contractor within 84 (eighty four) days of the date of the Project Manager’s certificate;
    5. \n\t\t\t\t
  5. the Project Manager gives Notice that failure to correct a particular Defect is a fundamental breach of Contract and the Contractor fails to correct it within a reasonable period of time determined by the Project Manager;
    6. \n\t\t\t\t
  6. the Contractor does not maintain a Security, which is required;
    7. \n\t\t\t\t
  7. the Contractor has delayed the completion of the Works for which the maximum amount of liquidated damages can be paid, as specified in CC 2.15; or
    8. \n\t\t\t\t
  8. if the Contractor, in the judgment of the Employer has engaged in Fraud and Corruption, as defined in   paragraph 2.2 a of the Appendix A to the CC, in competing for or in executing the Contract, then the Employer may, after giving 14 (fourteen) days written notice to the Contractor, terminate the Contract and expel him from the Site.\n\t\t\t\t
      \n\t\t\t\t\t
    1. Notwithstanding the above, the Employer may terminate the Contract for convenience.
      2. \n\t\t\t\t
    \n\t\t\t\t
    9. \n\t\t\t
\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. If the Contract is terminated, the Contractor shall stop work immediately, make the Site safe and secure, and leave the Site as soon as reasonably possible.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. When either party to the Contract gives notice of a breach of Contract to the Project Manager for a cause other than those listed under CC 53.2 above, the Project Manager shall decide whether the breach is fundamental or not.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Payment upon Termination
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. If the Contract is terminated because of a fundamental breach of Contract by the Contractor, the Project Manager shall issue a certificate for the value of the work done and Materials ordered less advance payments received up to the date of the issue of the certificate and less the percentage specified in CC 2.21 to apply to the value of the work not completed. Additional Liquidated Damages shall not apply.  If the total amount due to the Employer exceeds any payment due to the Contractor, the difference shall be a debt payable to the Employer.
      2. \n\t\t\t\t\t
    2. If the Contract is terminated for the Employer’s convenience or because of a fundamental breach of Contract by the Employer, the Project Manager shall issue a certificate for the value of the work done, Materials ordered, the reasonable cost of removal of Equipment, repatriation of the Contractor’s personnel employed solely on the Works, and the Contractor’s costs of protecting and securing the Works, and less advance payments received up to the date of the certificate.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Property
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. All Materials on the Site, Plant, Equipment, Temporary Works, and Works shall be deemed to be the property of the Employer if the Contract is terminated because of the Contractor’s default.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Release from Performance
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. If the Contract is frustrated by the outbreak of war or by any other event entirely outside the control of either the Employer or the Contractor, the Project Manager shall certify that the Contract has been frustrated. The Contractor shall make the Site safe and stop work as quickly as possible after receiving this certificate and shall be paid for all work carried out before receiving it and for any work carried out afterwards to which a commitment was made.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Suspension of Bank Loan or Credit
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. In the event that the Bank suspends the Loan or Credit to the Employer, from which part of the payments to the Contractor are being made:
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t\t
  2. The Employer is obligated to notify the Contractor of such suspension within 7 (seven) days of having received the Bank’s suspension notice.
    3. \n\t\t\t\t
  3. If the Contractor has not received sums due to it within the 28 (twenty eight) days for payment provided for in CC 39.1, the Contractor may immediately issue a 14 (fourteen)-day termination notice.
    4. \n\t\t\t
\n\t\t\t
\n\n

 

\n\n

 

"},{"id":"OP00225053","notice_type":"Request for Expression of Interest","noticedate":"27-Apr-2023","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2023-05-27T00:00:00Z","submission_deadline_time":"16:00","project_ctry_name":"India","project_id":"P168633","project_name":"Kerala Solid Waste Management Project","bid_reference_no":"IN-SUCM -352888-CS-QCBS","bid_description":"Consulting Services for the Selection of External Training Consultant for KSWMP","procurement_group":"CS","procurement_method_code":"QCBS","procurement_method_name":"Quality And Cost-Based Selection","contact_address":"KSWMP, \nUpper Ground Floor, Trans Towers, Vazhuthacaud,\nThiruvananthapuram","contact_ctry_name":"India","contact_email":"k.safirulla@gmail.com","contact_name":"Mohammed Y Safirulla IAS","contact_organization":"Suchitwa Mission (State PMU)","contact_phone_no":"+91 471 2333011","contact_web_url":"www.kswmp.org","submission_date":"2023-04-27T00:00:00Z","notice_text":"

 

\n\n

 

\n\n

 

\n\n

SELECTION OF CONSULTANTS

\n\n

 

\n\n

 

\n\n

REQUEST FOR PROPOSALS

\n\n

(DIRECT RFP WITHOUT EOI)

\n\n

(by e-procurement)

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

RFP No.: IN-SUCM-352888-CS-QCBS

\n\n

 

\n\n

 

\n\n

 

\n\n

Consulting Services for:

\n\n

Selection of External Training Consultant

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

Client:  KERALA SOLID WASTE MANAGEMENT PROJECT (KSWMP)

\n\n

LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT OF KERALA

\n\n

 

\n\n

Country: INDIA

\n\n

 

\n\n

Project: Component 1: Institutional Development, capacity building and                  project Management

\n\n

 

\n\n

Issued on: April 27, 2023

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

TABLE OF CONTENT

\n\n

 

\n\n

PART I. 3

\n\n

Section 1. Letter of Invitation. 3

\n\n

Section 2. Instructions to Consultants and Data Sheet 6

\n\n

Section 3.  Technical Proposal – Standard Forms. 47

\n\n

Section 4.  Financial Proposal - Standard Forms. 59

\n\n

Section 5.  Eligible Countries. 67

\n\n

Section 6.  Fraud and Corruption. 69

\n\n

Section 7.  Terms of Reference. 71

\n\n

PART II. 113

\n\n

Section 8. Conditions of Contract and Contract Forms. 113

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

PART I

\n\n

                                                             

\n\n

Section 1. Letter of Invitation

\n\n

 

\n\n

 

\n\n

Letter of Invitation

\n\n

Consulting Services

\n\n

 

\n\n

 

\n\n

Name of Assignment: Selection of External Training Consultant

\n\n

RFP Reference No.: IN-SUCM-352888-CS-QCBS

\n\n

Loan No./Credit No./ Grant No.: IBRD-P4960

\n\n

Location and Date: Thiruvananthapuram, Kerala, India

\n\n

Date: 27 April 2023

\n\n

 

\n\n

Dear Mr. /Ms.:

\n\n

 

\n\n
    \n\t
  1. The Government of Kerala through Government of India (hereinafter called “Borrower”) has received financing from the International Bank for Reconstruction and Development (IBRD) (the “Bank”) in the form of a “loan” (hereinafter called “loan”) toward the cost of the KERALA SOLID WASTE MANAGEMENT PROJECT (KSWMP). The Kerala Solid Waste Management Project (KSWMP), Local Self Government Department, Government of Kerala, an implementing agency of the Client, intends to apply a portion of the proceeds of this loan to eligible payments under the contract for which this Request for Proposals is issued.
    2. \n\t
  2. The Kerala Solid Waste Management Project (KSWMP) now invites online proposals to provide the following consulting services (hereinafter called “Services): Selection of External Training Consultant.  More details on the Services are provided in the Terms of Reference (Section 7).
    3. \n\t
  3. A firm will be selected under Quality-cum-Cost Based Selection (QCBS) procedures and in a Full Technical Proposal (FTP) format as described in this RFP, in accordance with the Bank’s “Procurement Regulations for IPF Borrowers” Fourth Edition November 2020 (“Procurement Regulations”), which can be found at the following website: www.worldbank.org
    4. \n\t
  4. The RFP includes the following documents:
    5. \n
\n\n

Section 1 – Request for Proposals Letter

\n\n

Section 2 - Instructions to Consultants and Data Sheet

\n\n

Section 3 - Technical Proposal FTP - Standard Forms

\n\n

Section 4 - Financial Proposal - Standard Forms

\n\n

Section 5 – Eligible Countries

\n\n

Section 6 – Fraud and Corruption

\n\n

Section 7 - Terms of Reference

\n\n

Section 8 - Standard Forms of Contract (Lump-Sum)

\n\n
    \n\t
  1. Details on the proposal’s submission date, time and address are provided in ITC 17.7 and ITC 17.9.
    2. \n
\n\n

 

\n\n

Yours sincerely,

\n\n

 

\n\n

Mohammed Y Safirulla K, IAS

\n\n

Project Director

\n\n

Address: Upper Ground Floor, Trans Towers, Vazhuthacaud,

\n\n

Thiruvananthapuram -695014, Kerala, India

\n\n

Telephone: +91 471-2333011

\n\n

E-Mail: tenderkswmp@gmail.com;

\n\n

Website: www.kswmp.org;  

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

Section 2. Instructions to Consultants and Data Sheet

\n\n

 

\n\n

TABLE OF CONTENT

\n\n

 

\n\n

A.  General Provisions. 8

\n\n

1.    Definitions. 8

\n\n

2.    Introduction. 10

\n\n

3.    Conflict of Interest 10

\n\n

4.    Unfair Competitive Advantage. 12

\n\n

5.    Fraud and Corruption. 12

\n\n

6.    Eligibility. 12

\n\n

B.  Preparation of Proposals. 14

\n\n

7.    General Considerations. 14

\n\n

8.    Cost of Preparation of Proposal 14

\n\n

9.    Language. 14

\n\n

10. Documents Comprising the Proposal 14

\n\n

11. Only One Proposal 14

\n\n

12. Proposal Validity. 15

\n\n

13. Clarification and Amendment of RFP. 16

\n\n

14. Preparation of Proposals Specific Considerations. 16

\n\n

15. Technical Proposal Format and Content 17

\n\n

16. Financial Proposal 17

\n\n

C.  Submission, Opening and Evaluation. 18

\n\n

17. Submission, Sealing, and Marking of Proposals. 18

\n\n

18. Confidentiality. 19

\n\n

19. Opening of Technical Proposals. 20

\n\n

20. Proposals Evaluation. 20

\n\n

21. Evaluation of Technical Proposals. 21

\n\n

22. Financial Proposals for QBS. 21

\n\n

23. Public Opening of Financial Proposals (for QCBS, FBS, and LCS methods) 21

\n\n

24. Correction of Errors. 22

\n\n

25. Taxes  23

\n\n

26. Combined Quality and Cost Evaluation. 23

\n\n

D.  Negotiations and Award. 24

\n\n

27. Negotiations. 24

\n\n

28. Conclusion of Negotiations. 25

\n\n

29. Notification of Award. 25

\n\n

30. Signing of Contract 26

\n\n

31. Procurement Related Complaint 27

\n\n

E.  Data Sheet 28

\n\n

 

\n\n

 

\n\n

 

\n\n

Instructions to Consultants

\n\n

A.  General Provisions

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t
    \n\t\t\t\t
  1. Definitions
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. “Affiliate(s)” means an individual or an entity that directly or indirectly controls, is controlled by, or is under common control with the Consultant.
    2. \n\t\t\t\t
  2. “Applicable Law” means the laws and any other instruments having the force of law in the Client’s country, or in such other country as may be specified in the Data Sheet, as they may be issued and in force from time to time.
    3. \n\t\t\t\t
  3. “Bank” means the International Bank for Reconstruction and Development (IBRD) or the International Development Association (IDA).
    4. \n\t\t\t\t
  4. “Borrower” means the Government, Government agency or other entity that signs the [loan/financing/grant[1]] agreement with the Bank.
    5. \n\t\t\t\t
  5. “Client” means the implementing agency that signs the Contract for the Services with the selected Consultant.
    6. \n\t\t\t\t
  6.  “Client’s Personnel” is as defined in Clause GCC 1.1 (e).
    7. \n\t\t\t\t
  7. “Consultant” means a legally-established professional consulting firm or an entity that may provide or provides the Services to the Client under the Contract.
    8. \n\t\t\t\t
  8. “Contract” means a legally binding written agreement signed between the Client and the Consultant and includes all the attached documents listed in its Clause 1 (the General Conditions of Contract (GCC), the Special Conditions of Contract (SCC), and the Appendices).
    9. \n\t\t\t\t
  9. “Data Sheet” means an integral part of the Instructions to Consultants (ITC) Section 2 that is used to reflect specific country and assignment conditions to supplement, but not to over-write, the provisions of the ITC.
    10. \n\t\t\t\t
  10. “Day” means a calendar day, unless otherwise specified as “Business Day”. A Business Day is any day that is an official working day of the Borrower. It excludes the Borrower’s official public holidays.
    11. \n\t\t\t\t
  11. “Experts” means, collectively, Key Experts, Non-Key Experts, or any other personnel of the Consultant, Sub-consultant or Joint Venture member(s).
    12. \n\t\t\t\t
  12. “Government” means the government of the Client’s country.
    13. \n\t\t\t\t
  13. “in writing” means communicated in written form (e.g. by mail, e-mail, fax, including, if specified in the Data Sheet, distributed or received through the electronic-procurement system used by the Client) with proof of receipt.
    14. \n\t\t\t\t
  14. “Joint Venture (JV)” means an association with or without a legal personality distinct from that of its members, of more than one Consultant where one member has the authority to conduct all business for and on behalf of any and all the members of the JV, and where the members of the JV are jointly and severally liable to the Client for the performance of the Contract.
    15. \n\t\t\t\t
  15. “Key Expert(s)” means an individual professional whose skills, qualifications, knowledge and experience are critical to the performance of the Services under the Contract and whose CV is taken into account in the technical evaluation of the Consultant’s proposal.
    16. \n\t\t\t\t
  16. “ITC” (this Section 2 of the RFP) means the Instructions to Consultants that provides the Consultants with all information needed to prepare their Proposals.
    17. \n\t\t\t\t
  17. “Non-Key Expert(s)” means an individual professional provided by the Consultant or its Sub-consultant and who is assigned to perform the Services or any part thereof under the Contract and whose CVs are not evaluated individually.
    18. \n\t\t\t\t
  18. “Proposal” means the Technical Proposal and the Financial Proposal of the Consultant.
    19. \n\t\t\t\t
  19. “RFP” means the Request for Proposals to be prepared by the Client for the selection of Consultants, based on the SPD - RFP.
    20. \n\t\t\t\t
  20. “Services” means the work to be performed by the Consultant pursuant to the Contract.
    21. \n\t\t\t\t
  21. “SPD - RFP” means the Standard Procurement Document - Request for Proposals, which must be used by the Client as the basis for the preparation of the RFP.
    22. \n\t\t\t\t
  22. “Sub-consultant” means an entity to whom the Consultant intends to subcontract any part of the Services while the Consultant remains responsible to the Client during the whole performance of the Contract.
    23. \n\t\t\t\t
  23. “Terms of Reference (TORs)” (this Section 7 of the RFP) means the Terms of Reference that explains the objectives, scope of work, activities, and tasks to be performed, respective responsibilities of the Client and the Consultant, and expected results and deliverables of the assignment.
    24. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Introduction
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Client named in the Data Sheet intends to select a Consultant from those listed in the Request for Proposals (RFP), in accordance with the method of selection specified in the Data Sheet.
      2. \n\t\t\t\t\t
    2. The Consultants are invited to submit a Technical Proposal and a Financial Proposal, or a Technical Proposal only, as specified in the Data Sheet, for consulting services required for the assignment named in the Data Sheet. The Proposal will be the basis for negotiating and ultimately signing the Contract with the selected Consultant.
      3. \n\t\t\t\t\t
    3. The Consultants should familiarize themselves with the local conditions and take them into account in preparing their Proposals, including attending a pre-proposal conference if one is specified in the Data Sheet. Attending any such pre-proposal conference is optional and is at the Consultants’ expense.
      4. \n\t\t\t\t\t
    4. The Client will timely provide, at no cost to the Consultants, the inputs, relevant project data, and reports required for the preparation of the Consultant’s Proposal as specified in the Data Sheet.
      5. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Conflict of Interest
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Consultant is required to provide professional, objective, and impartial advice, at all times holding the Client’s interests paramount, strictly avoiding conflicts with other assignments or its own corporate interests, and acting without any consideration for future work.
      2. \n\t\t\t\t\t
    2. The Consultant has an obligation to disclose to the Client any situation of actual or potential conflict that impacts its capacity to serve the best interest of its Client. Failure to disclose such situations may lead to the disqualification of the Consultant or the termination of its Contract and/or sanctions by the Bank.\n\t\t\t\t\t
        \n\t\t\t\t\t\t
      1. Without limitation on the generality of the foregoing, the Consultant shall not be hired under the circumstances set forth below:
        2. \n\t\t\t\t\t
      \n\t\t\t\t\t
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

a.  Conflicting Activities

\n\t\t\t		\n\t\t\t

(i)      Conflict between consulting activities and procurement of goods, works or non-consulting services: a firm that has been engaged by the Client to provide goods, works, or non-consulting services for a project, or any of its Affiliates, shall be disqualified from providing consulting services resulting from or directly related to those goods, works, or non-consulting services. Conversely, a firm hired to provide consulting services for the preparation or implementation of a project, or any of its Affiliates, shall be disqualified from subsequently providing goods or works or non-consulting services resulting from or directly related to the consulting services for such preparation or implementation.

\n\t\t\t
\n\t\t\t

b.  Conflicting Assignments

\n\t\t\t		\n\t\t\t

(ii)     Conflict among consulting assignments: a Consultant (including its Experts and Sub-consultants) or any of its Affiliates shall not be hired for any assignment that, by its nature, may be in conflict with another assignment of the Consultant for the same or for another Client.

\n\t\t\t
\n\t\t\t

c. Conflicting Relationships

\n\t\t\t		\n\t\t\t

(iii)    Relationship with the Client’s staff: a Consultant (including its Experts and Sub-consultants) that has a close business or family relationship with a professional staff  of the Borrower (or of the Client, or of implementing agency, or of a recipient of a part of the Bank’s financing) who are directly or indirectly involved in any part of (i) the preparation of the Terms of Reference for the assignment, (ii) the selection process for the Contract, or (iii) the supervision of the Contract, may not be awarded a Contract, unless the conflict stemming from this relationship has been resolved in a manner acceptable to the Bank throughout the selection process and the execution of the Contract.

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Unfair Competitive Advantage
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Fairness and transparency in the selection process require that the Consultants or their Affiliates competing for a specific assignment do not derive a competitive advantage from having provided consulting services related to the assignment in question. To that end, the Client shall indicate in the Data Sheet and make available to all Consultants together with this RFP all information that would in that respect give such Consultant any unfair competitive advantage over competing Consultants. 
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Fraud and Corruption
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Bank requires compliance with the Bank’s Anti-Corruption Guidelines and its prevailing sanctions policies and procedures as set forth in the WBG’s Sanctions Framework, as set forth in Section 6.
      2. \n\t\t\t\t\t
    2. In further pursuance of this policy, Consultants shall permit and shall cause their agents (where declared or not), subcontractors, subconsultants, service providers, suppliers, and personnel, to permit the Bank to inspect all accounts, records and other documents relating to any shortlisting process, Proposal submission, and contract performance (in the case of award), and to have them audited by auditors appointed by the Bank.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Eligibility
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Bank permits consultants (individuals and firms, including Joint Ventures and their individual members) from all countries to offer consulting services for Bank-financed projects.
      2. \n\t\t\t\t\t
    2. Furthermore, it is the Consultant’s responsibility to ensure that its Experts, joint venture members, Sub-consultants, agents (declared or not), sub-contractors, service providers, suppliers and/or their employees meet the eligibility requirements as established by the Bank in the applicable Procurement Regulations.
      3. \n\t\t\t\t\t
    3. As an exception to the foregoing ITC 6.1 and ITC 6.2 above:
      4. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

a. Sanctions

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. \n\t\t\t\t\t
        \n\t\t\t\t\t\t
      1. A Consultant that has been sanctioned by the Bank, pursuant to the Bank’s Anti-Corruption Guidelines and in accordance with its prevailing sanctions policies and procedures as set forth in the WBG’s Sanctions Framework as described in Section VI, Fraud and Corruption, paragraph 2.2 d., shall be ineligible to be shortlisted for, submit proposals for, or be awarded a Bank-financed contract or benefit from a Bank-financed contract, financially or otherwise, during such period of time as the Bank shall have determined. The list of debarred firms and individuals is available at the electronic address specified in the Data Sheet.
        2. \n\t\t\t\t\t
      \n\t\t\t\t\t
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

b. Prohibitions

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. \n\t\t\t\t\t
        \n\t\t\t\t\t\t
      1. Firms and individuals of a country or goods manufactured in a country may be ineligible if so indicated in Section 5 (Eligible Countries) and:
        2. \n\t\t\t\t\t
      \n\t\t\t\t\t
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\n\t\t\t

(a)    as a matter of law or official regulations, the Borrower’s country prohibits commercial relations with that country, provided that the Bank is satisfied that such exclusion does not preclude effective competition for the provision of Services required; or

\n\n\t\t\t

(b)   by an act of compliance with a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, the Borrower’s Country prohibits any import of goods from that country or any payments to any country, person, or entity in that country.

\n\t\t\t
\n\t\t\t

c. Restrictions for State-Owned Enterprises

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. \n\t\t\t\t\t
        \n\t\t\t\t\t\t
      1. State-owned enterprises or institutions in the Borrower’s country may be eligible to compete and be awarded a contract only if they can establish, in a manner acceptable to the Bank, that they: (i) are legally and financially autonomous, (ii) operate under commercial law, and (iii) are not under supervision of the Client. 
        2. \n\t\t\t\t\t
      \n\t\t\t\t\t
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

d. Restrictions for Public Employees

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. \n\t\t\t\t\t
        \n\t\t\t\t\t\t
      1. Government officials and civil servants of the Borrower’s country are not eligible to be included as Experts, individuals, or members of a team of Experts in the Consultant’s Proposal unless:
        2. \n\t\t\t\t\t
      \n\t\t\t\t\t
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\n\t\t\t

(i) the services of the government official or civil servant are of a unique and exceptional nature, or their participation is critical to project implementation; and

\n\n\t\t\t

(ii) their hiring would not create a conflict of interest, including any conflict with employment or other laws, regulations, or policies of the Borrower.

\n\t\t\t
\n\t\t\t

B.  Preparation of Proposals

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. General Considerations
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. In preparing the Proposal, the Consultant is expected to examine the RFP in detail. Material deficiencies in providing the information requested in the RFP may result in rejection of the Proposal.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Cost of Preparation of Proposal
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Consultant shall bear all costs associated with the preparation and submission of its Proposal, and the Client shall not be responsible or liable for those costs, regardless of the conduct or outcome of the selection process. The Client is not bound to accept any proposal, and reserves the right to annul the selection process at any time prior to Contract award, without thereby incurring any liability to the Consultant.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Language
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Proposal, as well as all correspondence and documents relating to the Proposal exchanged between the Consultant and the Client, shall be written in the language(s) specified in the Data Sheet.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Documents Comprising the Proposal
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Proposal shall comprise the documents and forms listed in the Data Sheet.
      2. \n\t\t\t\t\t
    2. If specified in the Data Sheet, the Consultant shall include a statement of an undertaking of the Consultant to observe, in competing for and executing a contract, the Client country’s laws against fraud and corruption (including bribery).
      3. \n\t\t\t\t\t
    3. The Consultant shall furnish information on commissions, gratuities, and fees, if any, paid or to be paid to agents or any other party relating to this Proposal and, if awarded, Contract execution, as requested in the Financial Proposal submission form (Section 4).
      4. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Only One Proposal
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Consultant (including the individual members of any Joint Venture) shall submit only one Proposal, either in its own name or as part of a Joint Venture in another Proposal. If a Consultant, including any Joint Venture member, submits or participates in more than one proposal, all such proposals shall be disqualified and rejected. This does not, however, preclude a Sub-consultant, or the Consultant’s staff from participating as Key Experts and Non-Key Experts in more than one Proposal when circumstances justify and if stated in the Data Sheet.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Proposal Validity
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Proposals shall remain valid until the date specified in the Data Sheet or any extended date if amended by the Client in accordance with ITC 13.1.1.
      2. \n\t\t\t\t\t
    2. During this period, the Consultant shall maintain its original Proposal without any change, including the availability of the Key Experts, the proposed rates and the total price.
      3. \n\t\t\t\t\t
    3. If it is established that any Key Expert nominated in the Consultant’s Proposal was not available at the time of Proposal submission or was included in the Proposal without his/her confirmation, such Proposal shall be disqualified and rejected for further evaluation, and may be subject to sanctions in accordance with ITC 5.
      4. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

a. Extension of Proposal Validity

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Client will make its best effort to complete the negotiations and award the contract prior to the date of expiry of the Proposal validity. However, should the need arise, the Client may request, in writing, all Consultants who submitted Proposals prior to the submission deadline to extend the Proposals’ validity.
      2. \n\t\t\t\t\t
    2. If the Consultant agrees to extend the validity of its Proposal, it shall be done without any change in the original Proposal and with the confirmation of the availability of the Key Experts, except as provided in ITC 12.7.
      3. \n\t\t\t\t\t
    3. The Consultant has the right to refuse to extend the validity of its Proposal in which case such Proposal will not be further evaluated.
      4. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

b. Substitution of Key Experts at Validity Extension

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. If any of the Key Experts become unavailable for the extended validity period, the Consultant shall seek to substitute another Key Expert. The Consultant shall provide a written adequate justification and evidence satisfactory to the Client together with the substitution request. In such case, a substitute Key Expert shall have equal or better qualifications and experience than those of the originally proposed Key Expert. The technical evaluation score, however, will remain to be based on the evaluation of the CV of the original Key Expert.
      2. \n\t\t\t\t\t
    2. If the Consultant fails to provide a substitute Key Expert with equal or better qualifications, or if the provided reasons for the replacement or justification are unacceptable to the Client, such Proposal will be rejected with the prior Bank’s no objection.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

c. Sub-Contracting

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Consultant shall not subcontract the whole of the Services.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Clarification and Amendment of RFP
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Consultant may request a clarification of any part of the RFP during the period indicated in the Data Sheet before the Proposals’ submission deadline. Any request for clarification must be sent in writing, or by standard electronic means, to the Client’s address indicated in the Data Sheet. The Client will respond in writing, or by standard electronic means, and will send written copies of the response (including an explanation of the query but without identifying its source) to all Consultants. Should the Client deem it necessary to amend the RFP as a result of a clarification, it shall do so following the procedure described below:\n\t\t\t\t\t
        \n\t\t\t\t\t\t
      1. At any time before the proposal submission deadline, the Client may amend the RFP by issuing an amendment in writing or by standard electronic means. The amendment shall be sent to all Consultants and will be binding on them. The Consultants shall acknowledge receipt of all amendments in writing.
        2. \n\t\t\t\t\t\t
      2. If the amendment is substantial, the Client may extend the proposal submission deadline to give the Consultants reasonable time to take an amendment into account in their Proposals.
        3. \n\t\t\t\t\t
      \n\t\t\t\t\t
      2. \n\t\t\t\t\t
    2.  The Consultant may submit a modified Proposal or a modification to any part of it at any time prior to the proposal submission deadline. No modifications to the Technical or Financial Proposal shall be accepted after the deadline.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Preparation of Proposals Specific Considerations
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. While preparing the Proposal, the Consultant must give particular attention to the following:\n\t\t\t\t\t
        \n\t\t\t\t\t\t
      1. If a Consultant considers that it may enhance its expertise for the assignment by associating with other consultants in the form of a Joint Venture or as Sub-consultants, it may do so. 
        2. \n\t\t\t\t\t\t
      2. The Client may indicate in the Data Sheet the estimated Key Experts’ time input (expressed in person-month) or the Client’s estimated total cost of the assignment, but not both. This estimate is indicative and the Proposal shall be based on the Consultant’s own estimates for the same.
        3. \n\t\t\t\t\t\t
      3. If stated in the Data Sheet, the Consultant shall include in its Proposal at least the same time input (in the same unit as indicated in the Data Sheet) of Key Experts, failing which the Financial Proposal will be adjusted for the purpose of comparison of proposals and decision for award in accordance with the procedure in the Data Sheet.
        4. \n\t\t\t\t\t\t
      4. For assignments under the Fixed-Budget selection method, the estimated Key Experts’ time input is not disclosed. Total available budget, with an indication whether it is inclusive or exclusive of taxes, is given in the Data Sheet, and the Financial Proposal shall not exceed this budget.
        5. \n\t\t\t\t\t
      \n\t\t\t\t\t
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Technical Proposal Format and Content
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Technical Proposal shall be prepared using the Standard Forms provided in Section 3 of the RFP and shall comprise the documents listed in the Data Sheet. The Technical Proposal shall not include any financial information. A Technical Proposal containing material financial information shall be declared non-responsive.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\n\t\t\t

15.1.1 Consultant shall not propose alternative Key Experts. Only one CV shall be submitted for each Key Expert position. Failure to comply with this requirement will make the Proposal non-responsive.

\n\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Depending on the nature of the assignment, the Consultant is required to submit a Full Technical Proposal (FTP), or a Simplified Technical Proposal (STP) as indicated in the Data Sheet and using the Standard Forms provided in Section 3 of the RFP.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Financial Proposal
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Financial Proposal shall be prepared using the    Standard Forms provided in Section 4 of the RFP. It shall list all costs associated with the assignment, including (a) remuneration for Key Experts and Non-Key Experts, (b) reimbursable expenses indicated in the Data Sheet.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

a. Price Adjustment

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. For assignments with a duration exceeding 18 months, a price adjustment provision for foreign and/or local inflation for remuneration rates applies if so stated in the Data Sheet.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

b. Taxes

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1.  The Consultant and its Sub-consultants and Experts are responsible for meeting all tax liabilities arising out of the Contract unless stated otherwise in the Data Sheet. Information on taxes in the Client’s country is provided in the Data Sheet.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

c. Currency of Proposal

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1.  The Consultant may express the price for its Services in the currency or currencies as stated in the Data Sheet. If indicated in the Data Sheet, the portion of the price representing local cost shall be stated in the national currency.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

d. Currency of Payment

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1.  Payment under the Contract shall be made in the currency or currencies in which the payment is requested in the Proposal.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

C.  Submission, Opening and Evaluation

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Submission, Sealing, and Marking of Proposals
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Consultant shall submit a signed and complete Proposal comprising the documents and forms in accordance with ITC 10 (Documents Comprising Proposal). Consultants shall mark as “CONFIDENTIAL” information in their Proposals which is confidential to their business. This may include proprietary information, trade secrets or commercial or financially sensitive information. The submission can be done by mail or by hand. If specified in the Data Sheet, the Consultant has the option of submitting its Proposals electronically.
      2. \n\t\t\t\t\t
    2. An authorized representative of the Consultant shall sign the original submission letters in the required format for both the Technical Proposal and, if applicable, the Financial Proposal and shall initial all pages of both. The authorization shall be in the form of a written power of attorney attached to the Technical Proposal.\n\t\t\t\t\t
        \n\t\t\t\t\t\t
      1. A Proposal submitted by a Joint Venture shall be signed by all members so as to be legally binding on all members, or by an authorized representative who has a written power of attorney signed by each member’s authorized representative.
        2. \n\t\t\t\t\t
      \n\t\t\t\t\t
      3. \n\t\t\t\t\t
    3. Any modifications, revisions, interlineations, erasures, or overwriting shall be valid only if they are signed or initialed by the person signing the Proposal.
      4. \n\t\t\t\t\t
    4. The signed Proposal shall be marked “Original”, and its copies marked “Copy” as appropriate. The number of copies is indicated in the Data Sheet. All copies shall be made from the signed original. If there are discrepancies between the original and the copies, the original shall prevail.
      5. \n\t\t\t\t\t
    5. The original and all the copies of the Technical Proposal shall be placed inside a sealed envelope clearly marked “Technical Proposal”, “[Name of the Assignment]“, [reference number], [name and address of the Consultant], and with a warning “Do Not Open until [insert the date and the time of the Technical Proposal submission deadline].”
      6. \n\t\t\t\t\t
    6. Similarly, the original Financial Proposal (if required for the applicable selection method) and its copies shall be placed inside of a separate sealed envelope clearly marked “Financial Proposal” “[Name of the Assignment], [reference number], [name and address of the Consultant]”, and with a warning “Do Not Open With The Technical Proposal.”
      7. \n\t\t\t\t\t
    7. The sealed envelopes containing the Technical and Financial Proposals shall be placed into one outer envelope and sealed. This outer envelope shall be addressed to the Client and bear the submission address, RFP reference number, the name of the assignment, the Consultant’s name and the address, and shall be clearly marked “Do Not Open Before [insert the time and date of the submission deadline indicated in the Data Sheet]”.
      8. \n\t\t\t\t\t
    8. If the envelopes and packages with the Proposal are not sealed and marked as required, the Client will assume no responsibility for the misplacement, loss, or premature opening of the Proposal.
      9. \n\t\t\t\t\t
    9. The Proposal or its modifications must be sent to the address indicated in the Data Sheet and received by the Client no later than the deadline indicated in the Data Sheet, or any extension to this deadline. Any Proposal or its modification received by the Client after the deadline shall be declared late and rejected, and promptly returned unopened.
      10. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Confidentiality
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. From the time the Proposals are opened to the time the Contract is awarded, the Consultant should not contact the Client on any matter related to its Technical and/or Financial Proposal. Information relating to the evaluation of Proposals and award recommendations shall not be disclosed to the Consultants who submitted the Proposals or to any other party not officially concerned with the process, until the Notification of Intention to Award the Contract. Exceptions to this ITC are where the Client notifies Consultants of the results of the evaluation of the Technical Proposals.
      2. \n\t\t\t\t\t
    2. Any attempt by Consultants or anyone on behalf of the Consultant to influence improperly the Client in the evaluation of the Proposals or Contract award decisions may result in the rejection of its Proposal, and may be subject to the application of prevailing Bank’s sanctions procedures.
      3. \n\t\t\t\t\t
    3. Notwithstanding the above provisions, from the time of the Proposals’ opening to the time of Contract award publication, if a Consultant wishes to contact the Client or the Bank on any matter related to the selection process, it shall do so only in writing.
      4. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Opening of Technical Proposals
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Client’s evaluation committee shall conduct the opening of the Technical Proposals in the presence of the Consultants’ authorized representatives who choose to attend (in person, or online if this option is offered in the Data Sheet). The opening date, time and the address are stated in the Data Sheet. The envelopes with the Financial Proposal shall remain sealed and shall be securely stored with a reputable public auditor or independent authority until they are opened in accordance with ITC 23.
      2. \n\t\t\t\t\t
    2. At the opening of the Technical Proposals the following shall be read out: (i) the name and the country of the Consultant or, in case of a Joint Venture, the name of the Joint Venture, the name of the lead member and the names and the countries of all members; (ii) the presence or absence of a duly sealed envelope with the Financial Proposal; (iii) any modifications to the Proposal submitted prior to proposal submission deadline; and (iv) any other information deemed appropriate or as indicated in the Data Sheet.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Proposals Evaluation
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Subject to provision of ITC 15.1, the evaluators of the Technical Proposals shall have no access to the Financial Proposals until the technical evaluation is concluded and the Bank issues its “no objection”, if applicable.
      2. \n\t\t\t\t\t
    2. The Consultant is not permitted to alter or modify its Proposal in any way after the proposal submission deadline except as permitted under ITC 12.7. While evaluating the Proposals, the Client will conduct the evaluation solely on the basis of the submitted Technical and Financial Proposals.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Evaluation of Technical Proposals
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Client’s evaluation committee shall evaluate the Technical Proposals on the basis of their responsiveness to the Terms of Reference and the RFP, applying the evaluation criteria, sub-criteria, and point system specified in the Data Sheet. Each responsive Proposal will be given a technical score. A Proposal shall be rejected at this stage if it does not respond to important aspects of the RFP or if it fails to achieve the minimum technical score indicated in the Data Sheet.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
 \n\t\t\t
    \n\t\t\t\t
  1. Financial Proposals for QBS
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1.  Following the ranking of the Technical Proposals, when the selection is based on quality only (QBS), the top-ranked Consultant is invited to negotiate the Contract.
      2. \n\t\t\t\t\t
    2. If Financial Proposals were invited together with the Technical Proposals, only the Financial Proposal of the technically top-ranked Consultant is opened by the Client’s evaluation committee. All other Financial Proposals are returned unopened after the Contract negotiations are successfully concluded and the Contract is signed.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Public Opening of Financial Proposals (for QCBS, FBS, and LCS methods)
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. After the technical evaluation is completed and the Bank has issued its no objection (if applicable), the Client shall notify those Consultants whose Proposals were considered non-responsive to the RFP and TOR or did not meet the minimum qualifying technical score, advising them the following:
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t\t
  2. their Proposal was not responsive to the RFP and TOR or did not meet the minimum qualifying technical score;
    3. \n\t\t\t\t
  3. provide information relating to the Consultant’s overall technical score, as well as scores obtained for each criterion and sub-criterion;
    4. \n\t\t\t\t
  4. their Financial Proposals will be returned unopened after completing the selection process and Contract signing; and
    5. \n\t\t\t\t
  5. notify them of the date, time and location of the public opening of the Financial Proposals and invite them to attend.\n\t\t\t\t
      \n\t\t\t\t\t
    1. The Client shall simultaneously notify in writing those Consultants whose Proposals were considered responsive to the RFP and TOR, and that have achieved the minimum qualifying technical score, advising them the following:
      2. \n\t\t\t\t
    \n\t\t\t\t
    6. \n\t\t\t
\n\n\t\t\t
    \n\t\t\t\t
  1. their Proposal was responsive to the RFP and TOR and met the minimum qualifying technical score;
    2. \n\t\t\t\t
  2. provide information relating to the Consultant’s overall technical score, as well as scores obtained for each criterion and sub-criterion;
    3. \n\t\t\t\t
  3. their Financial Proposal will be opened at the public opening of Financial Proposals; and
    4. \n\t\t\t\t
  4. notify them of the date, time and location of the public opening and invite them for the opening of the Financial Proposals.\n\t\t\t\t
      \n\t\t\t\t\t
    1. The opening date shall be no less than ten (10) Business Days from the date of notification of the results of the technical evaluation, described in ITC 23.1 and 23.2. However, if the Client receives a complaint on the results of the technical evaluation within the ten (10) Business Days, the opening date shall be subject to ITC 31.1.
      2. \n\t\t\t\t\t
    2. The Consultant’s attendance at the opening of the Financial Proposals (in person, or online if such option is indicated in the Data Sheet) is optional and is at the Consultant’s choice.
      3. \n\t\t\t\t\t
    3.  The Financial Proposals shall be opened publicly by the Client’s evaluation committee in the presence of the representatives of the Consultants and anyone else who chooses to attend. Any interested party who wishes to attend this public opening should contact the client as indicated in the Data Sheet. Alternatively, a notice of the public opening of Financial Proposals may be published on the Client’s website, if available. At the opening, the names of the Consultants, and the overall technical scores, including the break-down by criterion, shall be read aloud. The Financial Proposals will then be inspected to confirm that they have remained sealed and unopened. These Financial Proposals shall be then opened, and the total prices read aloud and recorded. Copies of the record shall be sent to all Consultants who submitted Proposals and to the Bank.
      4. \n\t\t\t\t
    \n\t\t\t\t
    5. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Correction of Errors
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Activities and items described in the Technical Proposal but not priced in the Financial Proposal, shall be assumed to be included in the prices of other activities or items, and no corrections are made to the Financial Proposal.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

a. Time-Based Contracts

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

24.1.1     If a Time-Based contract form is included in the RFP, the Client’s evaluation committee will (a) correct any computational or arithmetical errors, and (b) adjust the prices if they fail to reflect all inputs included for the respective activities or items included in the Technical Proposal. In case of discrepancy between (i) a partial amount (sub-total) and the total amount, or (ii) between the amount derived by multiplication of unit price with quantity and the total price, or (iii) between words and figures, the former will prevail. In case of discrepancy between the Technical and Financial Proposals in indicating quantities of input, the Technical Proposal prevails and the Client’s evaluation committee shall correct the quantification indicated in the Financial Proposal so as to make it consistent with that indicated in the Technical Proposal, apply the relevant unit price included in the Financial Proposal to the corrected quantity, and correct the total Proposal cost.

\n\t\t\t
\n\t\t\t

b. Lump-Sum Contracts

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

24.1.2   If a Lump-Sum contract form is included in the RFP, the Consultant is deemed to have included all prices in the Financial Proposal, so neither arithmetical corrections nor price adjustments shall be made. The total price, net of taxes understood as per ITC 25, specified in the Financial Proposal (Form FIN-1) shall be considered as the offered price. Where there is a discrepancy between the amount in words and the amount figures, the amount in words shall prevail.

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Taxes
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Client’s evaluation of the Consultant’s Financial Proposal shall exclude taxes and duties in the Client’s country in accordance with the instructions in the Data Sheet.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Combined Quality and Cost Evaluation
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Quality and Cost-Based Selection (QCBS)
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. In the case of QCBS, the total score is calculated by weighting the technical and financial scores and adding them as per the formula and instructions in the Data Sheet. The Consultant with the Most Advantageous Proposal, which is the Proposal that achieves the highest combined technical and financial scores, will be invited for negotiations.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

b. Fixed-Budget Selection (FBS)

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. In the case of FBS, those Proposals that exceed the budget indicated in ITC 14.1.4 of the Data Sheet shall be rejected.
      2. \n\t\t\t\t\t
    2. The Client will select the Consultant with the Most Advantageous Proposal, which is the highest-ranked Technical Proposal that does not exceed the budget indicated in the RFP, and invite such Consultant to negotiate the Contract.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

c. Least-Cost Selection

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. In the case of Least-Cost Selection (LCS), the Client will select the Consultant with the Most Advantageous Proposal, which is the Proposal with the lowest evaluated total price among those Proposals that achieved the minimum qualifying technical score, and invite such a Consultant to negotiate the Contract.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

D.  Negotiations and Award

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Negotiations
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The negotiations will be held at the date and address indicated in the Data Sheet with the Consultant’s representative(s) who must have written power of attorney to negotiate and sign a Contract on behalf of the Consultant.
      2. \n\t\t\t\t\t
    2. The Client shall prepare minutes of negotiations that are signed by the Client and the Consultant’s authorized representative.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

a. Availability of Key Experts

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The invited Consultant shall confirm the availability of all Key Experts included in the Proposal as a pre-requisite to the negotiations, or, if applicable, a replacement in accordance with ITC 12. Failure to confirm the Key Experts’ availability may result in the rejection of the Consultant’s Proposal and the Client proceeding to negotiate the Contract with the next-ranked Consultant.
      2. \n\t\t\t\t\t
    2. Notwithstanding the above, the substitution of Key Experts at the negotiations may be considered if due solely to circumstances outside the reasonable control of and not foreseeable by the Consultant, including but not limited to death or medical incapacity. In such case, the Consultant shall offer a substitute Key Expert within the period of time specified in the letter of invitation to negotiate the Contract, who shall have equivalent or better qualifications and experience than the original candidate.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

b. Technical Negotiations

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The negotiations include discussions of the Terms of Reference (TORs), the proposed methodology, the Client’s inputs, the special conditions of the Contract, and finalizing the “Description of Services” part of the Contract. These discussions shall not substantially alter the original scope of services under the TOR or the terms of the contract, lest the quality of the final product, its price, or the relevance of the initial evaluation be affected.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

c. Financial Negotiations

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1.  The negotiations include the clarification of the Consultant’s tax liability in the Client’s country and how it should be reflected in the Contract.
      2. \n\t\t\t\t\t
    2. If the selection method included cost as a factor in the evaluation, the total price stated in the Financial Proposal for a Lump-Sum contract shall not be negotiated.
      3. \n\t\t\t\t\t
    3. In the case of a Time-Based contract, unit rates negotiations shall not take place, except when the offered Key Experts and Non-Key Experts’ remuneration rates are much higher than the typically charged rates by consultants in similar contracts. In such case, the Client may ask for clarifications and, if the fees are very high, ask to change the rates after consultation with the Bank. The format for (i) providing information on remuneration rates in the case of Quality Based Selection; and (ii) clarifying remuneration rates’ structure under this Clause, is provided in Appendix A to the Financial Form FIN-3: Financial Negotiations – Breakdown of Remuneration Rates.
      4. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Conclusion of Negotiations
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1.  The negotiations are concluded with a review of the finalized draft Contract, which then shall be initialed by the Client and the Consultant’s authorized representative.
      2. \n\t\t\t\t\t
    2. If the negotiations fail, the Client shall inform the Consultant in writing of all pending issues and disagreements and provide a final opportunity to the Consultant to respond. If disagreement persists, the Client shall terminate the negotiations informing the Consultant of the reasons for doing so. After having obtained the Bank’s no objection, the Client will invite the next-ranked Consultant to negotiate a Contract. Once the Client commences negotiations with the next-ranked Consultant, the Client shall not reopen the earlier negotiations.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Notification of Award
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Upon expiry of the Standstill Period, specified in ITC 30.1 or any extension thereof, and upon satisfactorily addressing any complaint that has been filed within the Standstill Period, the Client shall, send a notification of award to the successful Consultant, confirming the Client’s intention to award the Contract to the successful Consultant and requesting the successful Consultant to sign and return the draft negotiated Contract within eight (8) Business Days from the date of receipt of such notification.   If specified in the Data Sheet, the client shall simultaneously request the successful Consultant to submit, within eight (8) Business Days, the Beneficial Ownership Disclosure Form.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\n\t\t\t

Contract Award Notice

\n\n\t\t\t

Within ten (10) Business Days from the date of notification of award such request, the Client shall publish the Contract Award Notice which shall contain, at a minimum, the following information:

\n\n\t\t\t
    \n\t\t\t\t
  1. name and address of the Client;
    2. \n\t\t\t\t
  2. name and reference number of the contract being awarded, and the selection method used;
    3. \n\t\t\t\t
  3. names of the consultants that submitted proposals, and their proposal prices as read out at financial proposal opening, and as evaluated;
    4. \n\t\t\t\t
  4. names of all Consultants whose Proposals were rejected or were not evaluated, with the reasons therefor;
    5. \n\t\t\t\t
  5. the name of the successful consultant, the final total contract price, the contract duration and a summary of its scope; and
    6. \n\t\t\t\t
  6. successful Consultant’s Beneficial Ownership Disclosure Form, if specified in Data Sheet ITC 32.1.\n\t\t\t\t
      \n\t\t\t\t\t
    1. The Contract Award Notice shall be published on the Client’s website with free access if available, or in at least one newspaper of national circulation in the Client’s Country, or in the official gazette. The Client shall also publish the contract award notice in UNDB online.
      2. \n\t\t\t\t
    \n\t\t\t\t
    7. \n\t\t\t
\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Signing of Contract
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Contract shall be signed prior to the expiry date of the Proposal validity and promptly after expiry of the Standstill Period, specified in ITC 30.1 or any extension thereof, and upon satisfactorily addressing any complaint that has been filed within the Standstill Period.
      2. \n\t\t\t\t\t
    2. The Consultant is expected to commence the assignment on the date and at the location specified in the Data Sheet.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Procurement Related Complaint
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The procedures for making a Procurement-related Complaint are as specified in the Data Sheet.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
    
\n\n

 

\n\n

Section 2. Instructions to Consultants

\n\n

E.  Data Sheet

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

ITC

\n\n\t\t\t

Reference

\n\t\t\t		\n\t\t\t

A. General

\n\t\t\t
\n\t\t\t

1 (m)

\n\t\t\t		\n\t\t\t

Electronic –Procurement System

\n\n\t\t\t

The Client shall use the following electronic-procurement system to manage this Request for Proposal (RFP) process:

\n\n\t\t\t

https://etenders.kerala.gov.in;

\n\n\t\t\t

The electronic-procurement system shall be used to manage the following part of the RFP process:

\n\n\t\t\t

Issuing RFP and Corrigenda, if any; submissions of Proposals, opening of Proposals, publication of Evaluation outcome

\n\t\t\t
\n\t\t\t

2.1

\n\t\t\t		\n\t\t\t

Name of the Client: Kerala Solid Waste Management Project (KSWMP)

\n\n\t\t\t

Method of selection: Quality-cum-Cost Based Selection (QCBS) as per

\n\n\t\t\t

the Procurement Regulations for IPF Borrowers Fourth Edition November 2020 (available on www.worldbank.org)

\n\t\t\t
\n\t\t\t

2.2

\n\t\t\t		\n\t\t\t

Financial Proposal to be submitted together with Technical Proposal:

\n\n\t\t\t

Yes.

\n\n\t\t\t

The name of the assignment is: Selection of External Training Consultant

\n\t\t\t
 \n\t\t\t

2.3

\n\t\t\t		\n\t\t\t

A pre-proposal conference will be held:  Yes

\n\n\t\t\t

Date & Mode of pre-proposal conference: May 5, 2023; Online                    

\n\n\t\t\t

Time:11.00 AM

\n\n\t\t\t

Telephone: +91 471 2333 011 E-mail: tenderkswmp@gmail.com;

\n\n\t\t\t

Link for online pre-proposal conference will be shared by the Client on receipt of e-mail requests from interested Firms; 

\n\n\t\t\t

Contact person / Conference coordinator: Mr. Vijeesh, Training Expert

\n\t\t\t
\n\t\t\t

2.4

\n\t\t\t		\n\t\t\t

The Client will provide the following inputs, project data, reports, etc. to facilitate the preparation of the Proposals:

\n\n\t\t\t

The inputs that will be provided by the Client are covered in detail in Section 7(Sub-heading 8) of the Terms of Reference (ToR).

\n\t\t\t
\n\t\t\t

4.1

\n\t\t\t		\n\t\t\t

Not Applicable.

\n\t\t\t
\n\t\t\t

6.3.1

\n\t\t\t		\n\t\t\t

A list of debarred firms and individuals is available at the Bank’s external website: www.worldbank.org/debarr

\n\t\t\t
\n\t\t\t

B. Preparation of Proposals

\n\t\t\t
\n\t\t\t

9.1

\n\t\t\t		\n\t\t\t

This RFP has been issued in the English language.

\n\n\t\t\t

Proposals shall be submitted in English language.

\n\n\t\t\t

All correspondence exchange shall be in English language.

\n\t\t\t
\n\t\t\t

10.1

\n\t\t\t		\n\t\t\t

The Proposal shall comprise the following. The Technical and Financial Proposals shall be submitted online in the e-procurement system in separate folders:

\n\n\t\t\t

For FULL TECHNICAL PROPOSAL (FTP):

\n\n\t\t\t

The Technical Proposal comprising:

\n\n\t\t\t
    \n\t\t\t\t
  1. Power of Attorney to sign the Proposal  
    2. \n\t\t\t\t
  2. TECH-1
    3. \n\t\t\t\t
  3. TECH-2
    4. \n\t\t\t\t
  4. TECH-3
    5. \n\t\t\t\t
  5. TECH-4
    6. \n\t\t\t\t
  6. TECH-5
    7. \n\t\t\t\t
  7. TECH-6
    8. \n\t\t\t
\n\n\t\t\t

The Financial Proposal comprising:

\n\n\t\t\t

(1) FIN-1

\n\n\t\t\t

(2) FIN-2

\n\n\t\t\t

(3) FIN-3

\n\n\t\t\t

(4) FIN-4

\n\n\t\t\t

(5) FIN-5

\n\n\t\t\t

(6) Statement of Undertaking (if required under Data Sheet 10.2 below)

\n\t\t\t
\n\t\t\t

10.2

\n\t\t\t		\n\t\t\t

Statement of Undertaking is required: Yes.

\n\t\t\t
\n\t\t\t

11.1

\n\t\t\t		\n\t\t\t

Participation of Sub-consultants, Key Experts and Non-Key Experts in more than one Proposal is permissible: Yes.

\n\t\t\t
\n\t\t\t

12.1

\n\t\t\t		\n\t\t\t

Proposals shall be valid for 120 days calendar days

\n\t\t\t
\n\t\t\t

12.4

\n\t\t\t		\n\t\t\t

Replace second sentence of ITC 12.4 with the following:

\n\n\t\t\t

“However, should the need arise, any request for extension of validity will be hosted on e-procurement portal and an e-mail will be sent to each Consultant. The Consultants may send their response if any on the e-procurement portal and through e-mail at the e-mail id given in Data Sheet 2.3.

\n\t\t\t
\n\t\t\t

13

\n\t\t\t		\n\t\t\t

Replace ITC 13 with the following:

\n\n\t\t\t

“13.1. The e-procurement system specified in ITC 1(m) provides for online clarifications. A Consultant may request an online clarification of any part of the RFP during the period indicated in the Data Sheet before the Proposals’ submission deadline, or raise its inquiries during the pre-proposal conference, if provided for in accordance with ITC 2.3. Clarifications requested through any other mode shall not be considered by the Client. The Client will respond online by uploading the response (including an explanation of the query but without identifying its source) for information of all Consultants. Should the Client deem it necessary to amend the RFP as a result of a clarification, it shall do so following the procedure described in ITC 13.1.1 and ITC 13.1.2 below. It is the consultant’s responsibility to check on the e-procurement system, for any addendum/ amendment/ corrigendum to the RFP document.

\n\n\t\t\t

13.1.1 At any time before the proposal submission deadline, the Client may amend the RFP by issuing an amendment online in accordance with the procedure described in the Data Sheet. The amendment shall be binding on all Consultants. The Client shall not be liable for any information not received by the Consultants. It is the Consultants’ responsibility to verify the website for the latest information related to the RFP.

\n\n\t\t\t

13.1.2 If the amendment is substantial, the Client may extend the proposal submission deadline to give the Consultants reasonable time to take an amendment into account in their Proposals, by amending the RFP in accordance with ITC 13.1.1.

\n\n\t\t\t

13.2 A Consultant may modify its Proposal in the following manner, by using the appropriate option for proposal modification on e-procurement portal, before the deadline for submission of proposals. No modifications to the Technical or Financial Proposal shall be accepted after the proposal submission deadline.

\n\n\t\t\t

(a) For proposal modification and consequential re-submission, the Consultant is not required to withdraw the proposal submitted earlier. The last modified proposal submitted by the consultant within the proposal submission time shall be considered as the ‘Proposal’.

\n\n\t\t\t

(b) For this purpose, modification/withdrawal by other means will not be accepted.

\n\n\t\t\t

(c) The modification and consequential re-submission of proposals is allowed any number of times.

\n\n\t\t\t

(d) A consultant may withdraw its proposal by using the appropriate option for proposal withdrawal, before the deadline for submission of proposals. However, if the proposal is withdrawn, re-submission is allowed as applicable to the e-procurement system].”

\n\t\t\t
\n\t\t\t

13.1

\n\t\t\t		\n\t\t\t

Clarifications may be requested online no later than 21 days prior to the submission deadline.

\n\t\t\t
\n\t\t\t

13.1.1

\n\t\t\t		\n\t\t\t

The Client will host the amendment to RFP, if any on the e-procurement portal at any time prior to the submission deadline.

\n\n\t\t\t

The system will also send auto-e-mail regarding hosting of amendment to Consultants who have started working on the RFP. The Consultants shall remain responsible to view amendment to RFP.

\n\t\t\t
\n\t\t\t

13.2 (d)

\n\t\t\t		\n\t\t\t

Re-submission of the proposal is ­allowed, if withdrawn.

\n\t\t\t
\n\t\t\t

14.1.2

\n\n\t\t\t

(do not use for Fixed Budget method)

\n\t\t\t		\n\t\t\t

Estimated total cost of the assignment: INR 240 Lakhs

\n\t\t\t
\n\t\t\t

14.1.3

\n\n\t\t\t

for time-based contracts only

\n\t\t\t		\n\t\t\t

Not applicable

\n\n\t\t\t

 

\n\t\t\t
\n\t\t\t

14.1.4 and 26.2

\n\n\t\t\t

use for Fixed Budget method

\n\t\t\t		\n\t\t\t

Not applicable

\n\t\t\t
\n\t\t\t

15.1

\n\t\t\t		\n\t\t\t

Delete from the first sentence of ITC 15.1, the following: ‘and shall comprise the documents listed in the Data Sheet’.

\n\t\t\t
\n\t\t\t

15.2

\n\t\t\t		\n\t\t\t

The format of the Technical Proposal to be submitted is: 

\n\n\t\t\t

FTP

\n\n\t\t\t

Submission of the Technical Proposal in a wrong format may lead to the Proposal being deemed non-responsive to the RFP requirements.

\n\t\t\t
\n\t\t\t

16.1

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

(1)     a per diem allowance, including hotel, for experts for every day of absence from the home office for the purposes of the Services;

\n\n\t\t\t

(2)     cost of travel by the most appropriate means of transport and the most direct practicable route;

\n\n\t\t\t

(3)     cost of office accommodation, including overheads and back-stop support;

\n\n\t\t\t

(4)     communications costs;

\n\n\t\t\t

(5)     cost of purchase or rent or freight of any equipment required to be provided by the Consultants;

\n\n\t\t\t

(6)     cost of reports production (including printing) and delivering to the Client;

\n\n\t\t\t

(7)     [insert relevant type of expenses, if/as applicable]

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

16.2

\n\t\t\t		\n\t\t\t

A price adjustment provision applies to remuneration rates: No.

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

16.3

\n\t\t\t		\n\t\t\t

Information on the Consultant’s tax obligations in India can be found from the Ministry of Finance, Government of India website http://finmin.nic.in

\n\n\t\t\t

Consultants and their Sub-consultants and Experts are responsible for payment of all taxes as applicable in India.

\n\n\t\t\t

The Client will, however reimburse on proof of submission with relevant Government Authority, the Goods & Services Tax (GST) payable on the contract value by the consultant, as per Applicable Law in India. Statutory deductions of taxes at source (TDS), however, shall be made as applicable.

\n\n\t\t\t

The above only are to be shown separately in the financial proposal.

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

16.4

\n\t\t\t		\n\t\t\t

The Financial Proposal shall be submitted in Indian Rupees.

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

16.5

\n\t\t\t		\n\t\t\t

Payments under the Contract shall be made in Indian Rupees.

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

C. Submission, Opening and Evaluation

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

17

\n\t\t\t		\n\t\t\t

Replace ITC 17 with the following:

\n\n\t\t\t

“17.1 The Consultant shall submit a digitally signed, encrypted, and complete Proposal comprising the documents and forms in accordance with ITC 10 (Documents Comprising Proposal). Consultants shall mark as “CONFIDENTIAL” information in their Proposals which is confidential to their business. This may include proprietary information, trade secrets or commercial or financially sensitive information. The submission shall be done electronically on the e-procurement system and in accordance with procedure specified in the Data Sheet. Proposals submitted by any other means will be rejected. Detailed guidelines for viewing proposals, and for online submission of proposals are given on the website.   

\n\n\t\t\t

17.2 An authorized representative of the Consultant shall digitally sign the original submission letters in the required format for both the Technical Proposal and, if applicable, the Financial Proposal and shall initial all pages of both. The authorization shall be in the form of a written power of attorney to be scanned and uploaded together with the Technical Proposal.

\n\n\t\t\t

17.2.1 A Proposal submitted by a Joint Venture shall be signed by all members so as to be legally binding on all members, or by an authorized representative who has a written power of attorney signed by each member’s authorized representative. The submission letters and the power of attorney shall then be scanned and uploaded together with the Technical Proposal.

\n\n\t\t\t

17.3 Any modifications, revisions, interlineations, erasures, or overwriting shall be valid only if they are signed or initialed by the person signing the Proposal.

\n\n\t\t\t

17.4 The Proposal or its modifications must be uploaded on the e-procurement portal specified in ITC 1(m), no later than the deadline indicated in the Data Sheet, or any extension to this deadline. The electronic system will not accept any Proposal or its modification for uploading after the deadline, as per server time.

\n\n\t\t\t

17.5 Once the Proposal is uploaded on the portal, the system will generate a unique identification number with the stamped submission time. The unique identification number with the time stamp represents an acknowledgement of the Proposal submission. Any other system’s functionality requirements are specified in the Data Sheet.”

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

17.1

\n\t\t\t		\n\t\t\t

The electronic submission procedures shall be as follows:

\n\n\t\t\t

The Consultants shall submit their Proposals (both Technical and Financial) electronically on the e-procurement portal specified in ITC 1(m), following the procedure given below. Detailed guidelines for viewing proposals and for online submission are given on the website:

\n\n\t\t\t

(a) To participate in the e-tendering process, it is mandatory for the consultants to have enrolment/registration in the website, and valid Class … [insert as required for the e-procurement system, usually Class II/III(DSC) with signing + Encryption] Digital Signature Certificate (in the name of person who will sign the proposal) in the form of smart card/e-token, obtained from any of the licensed Certifying Agency authorized by the Government of India. Consultants can see the list of licensed CAs from the link www.cca.gov.in 

\n\n\t\t\t

(b) The consultant should register in the website using the relevant option available. Then the Digital Signature registration has to be done with the e-token, after logging into the website. The consultant can then login the website through the secured login by entering the password of the e-token & the user id/ password chosen during registration.

\n\n\t\t\t

(c) The size of individual files containing the documents comprising the Proposal(s) shall not exceed 10 MB and there is no limit on the number of files to be uploaded.

\n\n\t\t\t

[Note for Consultants: For online submission of proposals, the Consultants shall fill up online, the forms that are available for online filling on the e-portal. The rest of the forms shall be download by the Consultants and filled up. The filled-up pages shall then be digitally signed, scanned and uploaded on the e-procurement portal along with the scanned copies of the supporting documents.]

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

17.4

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

The Proposals must be uploaded on the e-procurement portal specified in ITC 1(m) no later than:

\n\n\t\t\t

Date: 27 May 2023.

\n\n\t\t\t

Time:  16:00 hrs.

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

17.5

\n\t\t\t		\n\t\t\t

None

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

19

\n\t\t\t		\n\t\t\t

Replace ITC 19 with the following:

\n\n\t\t\t

“19.1     The Client’s evaluation committee shall conduct the opening of the Technical Proposals online following the procedure described in the Data Sheet and this could be viewed online by the Consultants. The consultants or their authorized representatives may attend the online opening in person if this option is offered in the Data Sheet. The opening date, time and the address are stated in the Data Sheet. The folder with the Financial Proposal shall remain unopened, encrypted, in the e-procurement system until the subsequent public opening in accordance with ITC 23.

\n\n\t\t\t

19.2 At the opening of the Technical Proposals the following shall be read out and recorded online simultaneously: (i) the name and the country of the Consultant or, in case of a Joint Venture, the name of the Joint Venture, the name of the lead member and the names and the countries of all members; (ii) the presence or absence of the folder with the Financial Proposal in the portal; and (iii) any other information deemed appropriate or as indicated in the Data Sheet.”

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

19.1

\n\t\t\t		\n\t\t\t

The procedure for online opening of technical proposals shall be:  Technical proposal will be opened on the e-procurement portal by the Client’s Evaluation Committee at the date and time indicated below.

\n\n\t\t\t

Date: 27 May, 2023

\n\n\t\t\t

Time: 16:30 hrs.

\n\n\t\t\t

Consultants have an option to attend the opening of the Technical Proposals in person. The opening shall take place at:

\n\n\t\t\t

Kerala Solid Waste Management Project (KSWMP)

\n\n\t\t\t

Upper Ground Floor, Trans Towers, Vazhuthacaud,

\n\n\t\t\t

Thiruvananthapuram -695014, Kerala, India

\n\n\t\t\t

Telephone: 0471-2333011

\n\n\t\t\t

E-Mail: tenderkswmp@gmail.com

\n\n\t\t\t

Website: www.kswmp.org

\n\n\t\t\t

In the event of the specified date of proposal opening being declared a holiday for the Client, the proposals will be opened at the appointed time and location on the next working day

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

19.2

\n\t\t\t		\n\t\t\t

In addition, the following information will be read aloud at the opening of the Technical Proposals: N/A

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

21.1

\n\n\t\t\t

[for FTP]

\n\n\t\t\t

 

\n\n\t\t\t

 

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Consultants technical proposal shall be evaluated in two parts. Part A (as mentioned below) shall be the mandatory criteria that the consultants must meet. Technical Proposals of Consultants who do not meet the criteria in Part A, shall not be further evaluated, and the proposal shall be rejected.

\n\n\t\t\t

Technical Proposal of Consultants, who meet the criteria in Part A, shall be evaluated further using the scoring scheme contained in Part B below.

\n\n\t\t\t

 

\n\n\t\t\t

Part A: Mandatory Criteria:

\n\n\t\t\t\n\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\n\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\n\t\t\t
\n\t\t\t\t\t\t

SN

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Eligibility Criteria

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Documents/ Copies to be submitted

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

1

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

The Consultant shall be a registered legal entity with experience as a training service provider/ capacity building firm and should have been in business for the last 8 years (as on 01-04-2023), providing Services on capacity building and training involving Course design, development of training materials / course contents / modules for delivering training in online (digital platform-based trainings) and offline mode.

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t
    \n\t\t\t\t\t\t\t
  1. Certificate of Incorporation /Registration
    2. \n\t\t\t\t\t\t\t
  2. GST registration certificate
    3. \n\t\t\t\t\t\t\t
  3. Any other Government Documentation to establish Proof of Existence
    4. \n\t\t\t\t\t\t
\n\n\t\t\t\t\t\t

 

\n\n\t\t\t\t\t\t

 

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

2

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Should have successfully completed training delivery of Minimum of two (2) training/ capacity building projects completed for Local Self Governments or Public Utilities in India in areas like good governance/ solid waste management (SWM) practices / Waste management processes / Environmental Safeguard Trainings with a minimum consulting fee of INR 40 Lakhs.

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Completion Certificates issued by the employer

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

3

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

The average annual turnover of the company in any three of the last five financial years shall be at least INR 500 Lakhs. (FY 2021-2022, FY 2020-2021, FY 2019-2020, FY 2018-2019, FY 2019-2018)

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Audited financial statements

\n\t\t\t\t\t\t
\n\n\t\t\t

 

\n\n\t\t\t

Part B: Evaluation Criteria:

\n\n\t\t\t\n\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\n\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\n\t\t\t
\n\t\t\t\t\t\t

Sl.No.

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Particulars

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Required Documents

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Max. Marks

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

1

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Specific experience of the consultant (as a firm) relevant to the assignment 20 Marks

\n\n\t\t\t\t\t\t

 

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

1 a

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Should have successfully completed training delivery of Maximum of 5 (Five) training/ capacity building projects completed for Local Self Governments or Public Utilities in India in areas like Good governance/ solid waste management (SWM) practices / Waste management processes / Environmental Safeguard Trainings with a minimum consulting fee of INR 40 Lakhs.

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Work order/ relevant document proving experience & Completion Certificates

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

4 Marks each

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

2

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Write-up on approach, methodology and workplan for the assignment as per scope of work provided.

\n\n\t\t\t\t\t\t
    \n\t\t\t\t\t\t\t
  1. Approach
    2. \n\t\t\t\t\t\t\t
  2. Methodology
    3. \n\t\t\t\t\t\t\t
  3. Work Plan
    4. \n\t\t\t\t\t\t\t
  4. Organisation Staffing
    5. \n\t\t\t\t\t\t
\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Detailed write-up based on the requirements in ToR

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

40

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

3

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Trainers’ profile: Education and relevant experience

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Signed copy of CV (7 Nos of experts) of Trainers along with photograph and proof of experience. Marks will be awarded on an average of scores by the experts

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

40

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

 

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t\n\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\n\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t

Sl. No

\n\t\t\t\t\t\t\t\t\t		\n\t\t\t\t\t\t\t\t\t

Expert

\n\t\t\t\t\t\t\t\t\t		\n\t\t\t\t\t\t\t\t\t

Marks

\n\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t

1

\n\t\t\t\t\t\t\t\t\t		\n\t\t\t\t\t\t\t\t\t

Training coordinator

\n\n\t\t\t\t\t\t\t\t\t

 

\n\t\t\t\t\t\t\t\t\t		\n\t\t\t\t\t\t\t\t\t

3

\n\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t

2

\n\t\t\t\t\t\t\t\t\t		\n\t\t\t\t\t\t\t\t\t

Assistant training coordinator.

\n\t\t\t\t\t\t\t\t\t		\n\t\t\t\t\t\t\t\t\t

3

\n\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t

3

\n\t\t\t\t\t\t\t\t\t		\n\t\t\t\t\t\t\t\t\t

Project Management Expert

\n\t\t\t\t\t\t\t\t\t		\n\t\t\t\t\t\t\t\t\t

7

\n\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t

4

\n\t\t\t\t\t\t\t\t\t		\n\t\t\t\t\t\t\t\t\t

Procurement Expert

\n\t\t\t\t\t\t\t\t\t		\n\t\t\t\t\t\t\t\t\t

6

\n\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t

5

\n\t\t\t\t\t\t\t\t\t		\n\t\t\t\t\t\t\t\t\t

Environmental Safeguard Expert

\n\t\t\t\t\t\t\t\t\t		\n\t\t\t\t\t\t\t\t\t

7

\n\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t

6

\n\t\t\t\t\t\t\t\t\t		\n\t\t\t\t\t\t\t\t\t

Social Safeguard Expert

\n\t\t\t\t\t\t\t\t\t		\n\t\t\t\t\t\t\t\t\t

7

\n\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t

7

\n\t\t\t\t\t\t\t\t\t		\n\t\t\t\t\t\t\t\t\t

Solid Waste Management expert

\n\t\t\t\t\t\t\t\t\t		\n\t\t\t\t\t\t\t\t\t

7

\n\t\t\t\t\t\t\t\t\t
\n\n\t\t\t\t\t\t

 

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

 

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

 

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

TOTAL

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

 

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

100

\n\t\t\t\t\t\t
\n\n\t\t\t

 

\n\n\t\t\t

The minimum technical score (St) required to pass is: 70

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

22.2

\n\t\t\t		\n\t\t\t

Replace second sentence of ITC 22.2 with the following:

\n\n\t\t\t

“All other Financial Proposals shall not be opened.”

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Public Opening of Financial Proposals

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

23

\n\t\t\t		\n\t\t\t

Replace ITC 23.1 with the following:

\n\n\t\t\t

“23.1 After the technical evaluation is completed and the Bank has issued its no objection (if applicable), the Client shall notify online through e-procurement portal those Consultants whose Proposals were considered non-responsive to the RFP and TOR or did not meet the minimum qualifying technical score, advising them the following:

\n\n\t\t\t
    \n\t\t\t\t
  1. their Proposal was not responsive to the RFP and TOR or did not meet the minimum qualifying technical score;
    2. \n\t\t\t\t
  2. provide information relating to the Consultant’s overall technical score, as well as scores obtained for each criterion and sub-criterion;
    3. \n\t\t\t\t
  3. their Financial Proposals will not be opened; and
    4. \n\t\t\t\t
  4. notify them of the date, time and location of the online public opening of the Financial Proposals and invite them to attend.”
    5. \n\t\t\t
\n\n\t\t\t

 

\n\n\t\t\t

In ITC 23.2(b) first sentence, after the words ‘in writing’, add the following: ‘online through e-procurement portal’

\n\n\t\t\t

 

\n\n\t\t\t

In ITC 23.2(b)(iv), after the words ‘location of the’ add the following: ‘online’

\n\n\t\t\t

 

\n\n\t\t\t

Replace ITC 23.4 with the following:

\n\n\t\t\t

“23.4 The Consultant’s attendance at the opening of the Financial Proposals (in person, or online) is optional and is at the Consultant’s choice”

\n\n\t\t\t

 

\n\n\t\t\t

Replace ITC 23.5 with the following:

\n\n\t\t\t

“The Financial Proposals shall be publicly opened online by the Client’s evaluation committee in the presence of the representatives of the Consultants and anyone else who chooses to attend. Any interested party who wishes to attend this public opening should contact the client as indicated in the Data Sheet. Alternatively, a notice of the public opening of Financial Proposals may be published on the Client’s website, if available. At the opening, the names of the Consultants, and the overall technical scores, including the break-down by criterion, shall be read aloud and recorded online simultaneously. The Financial Proposals shall be then opened, and the total prices read aloud and recorded online simultaneously. The records of the opening shall remain on the e-procurement portal for the information of all Consultants who submitted Proposals and the Bank, unless the Data Sheet provides for other means of sending notifications and the results of the financial opening.”

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

23.5

\n\t\t\t		\n\t\t\t

Following the completion of the evaluation of the Technical Proposals, the Client will notify online through e-procurement portal, all Consultants of the location, date and time of the public opening of Financial Proposals.

\n\n\t\t\t

Any interested party who wishes to attend this public opening should contact Project Director, KSWMP, tenderkswmp@gmail.com and request to be notified of the location, date and time of the public opening of Financial Proposals. The request should be made before the deadline for submission of Proposals, stated above.

\n\n\t\t\t

Alternatively, a notice of the public opening of Financial Proposals may be published on the Client’s website, if available.

\n\n\t\t\t

In the event of the specified date of proposal opening being declared a holiday for the Client, the proposals will be opened at the appointed time and location on the next working day.

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

25.1

\n\t\t\t		\n\t\t\t

For the purpose of the evaluation, the Client will exclude: all local identifiable indirect taxes such as GST or similar taxes levied on the contract’s invoices.

\n\n\t\t\t

If a Contract is awarded, at Contract negotiations, all such taxes will be discussed, finalized (using the itemized list as a guidance but not limiting to it) and added to the Contract amount as a separate line, also indicating which taxes shall be paid by the Consultant and which taxes are withheld and paid by the Client on behalf of the Consultant.

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

26.1

\n\n\t\t\t

(QCBS only)

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

The lowest evaluated Financial Proposal (Fm) is given the maximum financial score (Sf) of 100.

\n\n\t\t\t

The formula for determining the financial scores (Sf) of all other Proposals is calculated as following:

\n\n\t\t\t

Sf = 100 x Fm/ F, in which “Sf” is the financial score, “Fm” is the lowest price, and “F” the price of the proposal under consideration.

\n\n\t\t\t

The weights given to the Technical (T) and Financial (P) Proposals are:

\n\n\t\t\t

T = 80%

\n\n\t\t\t

P = 20%

\n\n\t\t\t

Proposals are ranked according to their combined technical (St) and financial (Sf) scores using the weights (T = the weight given to the Technical Proposal; P = the weight given to the Financial Proposal; T + P = 1) as following:  S = St x T% + Sf x P%.

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

D. Negotiations and Award

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

27.1

\n\t\t\t		\n\t\t\t

Expected date and address for contract negotiations:

\n\n\t\t\t

TENTATIVE Date: 16 June, 2023

\n\n\t\t\t

Address: Upper Ground Floor, Trans Towers, Vazhuthacaud,

\n\n\t\t\t

Thiruvananthapuram -695014, Kerala, India

\n\n\t\t\t

Telephone: 0471-2333011

\n\n\t\t\t

E-Mail: tenderkswmp@gmail.com

\n\n\t\t\t

Website: www.kswmp.org                                                                             

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

29

\n\t\t\t		\n\t\t\t

29.1 Disabled

\n\n\t\t\t

29.2 The Contract Award Notice shall be published on the Client’s website with free access if available, or in at least one newspaper of national circulation in the Client’s Country, or in the official gazette and on e-procurement portal.”

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

30.1

\n\t\t\t		\n\t\t\t

Replace ITC 30 with the following:

\n\n\t\t\t

“The Contract shall be signed prior to the expiry date of the Proposal validity, specified in ITC 12.1 or any extension thereof.”

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

30.2

\n\t\t\t		\n\t\t\t

Expected date for the commencement of the Services:

\n\n\t\t\t

TENTATIVE Month : June 2023, Kerala, India

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

31.1

\n\t\t\t		\n\t\t\t

The procedures for making a Procurement-related Complaint are detailed in the “Procurement Regulations for IPF Borrowers (Annex III).” If a Consultant wishes to make a Procurement-related Complaint, the Consultant shall submit its complaint following these procedures, In Writing (by the quickest means available, such as by email or fax), to:

\n\n\t\t\t

For the attention: [insert full name of person receiving complaints]

\n\n\t\t\t

Title/position: [insert title/position]

\n\n\t\t\t

Client: [insert name of Client]

\n\n\t\t\t

Email address: [insert email address]

\n\n\t\t\t

Fax number: [insert fax number] delete if not used

\n\n\t\t\t

In summary, a Procurement-related Complaint may challenge any of the following:

\n\n\t\t\t
    \n\t\t\t\t
  1. the terms of this Request for Proposal;
    2. \n\t\t\t\t
  2. the Client’s decision to exclude a Consultant from the procurement process prior to the award of contract; and
    3. \n\t\t\t\t
  3. the Client’s decision to award the contract.
    4. \n\t\t\t
\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

Annexure 1 to SECTION-2

\n\n

 

\n\n

SPECIFIC APPLICATION OF EVALUATION CRITERIA

\n\n

 

\n\n
    \n\t
  1. CRITERIA-I
    2. \n
\n\n

SPECIFIC EXPERIENCE OF THE CONSULTANT (AS A FIRM) RELEVANT TO THE ASSIGNMENT: 20 Points

\n\n

 

\n\n

[Note to Consultant: The Client will assess similarity of the work to be done in this assignment with assignments successfully completed by the Consultant in India / any other countries of Asian region in the last 8 years (i.e.2014 to 2022). Client testimony if provided will be an additional factor. The Consultant should provide documentary evidence such as copy of Completion Certificate or Performance Certificate for each of the assignments shown by the consultant, from the client. The experience shall not be considered for evaluation if such requisite support documents are not provided with the proposal.

\n\n

Footnote from TECH-02 Form:

\n\n

1a Should have successfully completed training delivery of Maximum of 5 (Five) training/ capacity building projects completed for Local Self Governments or Public Utilities in India in areas like Good governance/ solid waste management (SWM) practices / Waste management processes / Environmental Safeguard Trainings with a minimum consulting fee of INR 40 Lakhs.

\n\n

 

\n\n

APPLICATION OF EVALUATION CRITERIA (I)

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

 

\n\n\t\t\t

Scoring

\n\t\t\t		\n\t\t\t

 

\n\n\t\t\t

Number of projects* meeting the requirement

\n\t\t\t		\n\t\t\t

 

\n\n\t\t\t

Point Allocation Max. Score allocated for the Criteria(i)

\n\t\t\t
\n\t\t\t

1a

\n\t\t\t		\n\t\t\t

Should have successfully completed training delivery in capacity building for Local Self Governments/Public Utilities in India with a minimum consulting fee of INR 40 Lakhs

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

20

\n\t\t\t
\n\t\t\t

a)

\n\t\t\t		\n\t\t\t

 Minimum 2 projects

\n\t\t\t		\n\t\t\t

 4 marks each

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

b)

\n\t\t\t		\n\t\t\t

 Maximum 5 projects

\n\t\t\t		\n\t\t\t

 4 marks each

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n
    \n\t
  1. CRITERIA-II ADEQUACY AND QUALITY OF THE PROPOSED METHODOLOGY, AND WORKPLAN IN RESPONDING TO THE TERMS OF REFERENCE (TORs): 40 points
    2. \n
\n\n

 

\n\n
    \n\t
  1. \n\t
      \n\t\t
    1. Technical Approach: 15
      2. \n\t\t
    2. Methodology:  10
      3. \n\t\t
    3. Work Plan: 10
      4. \n\t\t
    4. Organization and Staffing: 5
      5. \n\t
    \n\t
    2. \n
\n\n

[Notes to Consultant: the client will assess whether the proposed methodology is clear, responds to the TORs, work plan is realistic and implementable; overall team composition is balanced and has an appropriate skills mix; and the work plan has right input of Experts]

\n\n

APPLICATION OF EVALUATION CRITERIA(II)

\n\n

 

\n\n
    \n\t
  1. Sub Criteria : TECHNICAL APPROACH AND METHODOLOGY (25 points)
    2. \n
\n\n

[Note to Consultant:

\n\n

Points shall be awarded based on whether the proposed approach is discussed in detail and the methodology is specifically tailored to the characteristics of the assignment.

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

 

\n\n\t\t\t

Scoring

\n\t\t\t		\n\t\t\t

 

\n\n\t\t\t

Sub Criteria

\n\t\t\t		\n\t\t\t

Point Allocation Max. Score allocated for the Criteria (ii a)

\n\t\t\t
\n\t\t\t

a)

\n\t\t\t		\n\t\t\t

Technical Approach

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

15

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Excellent :Substantially exceeding the specified requirement.

\n\t\t\t		\n\t\t\t

15

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Very Good : Marginally exceeding the specified requirement.

\n\t\t\t		\n\t\t\t

12

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Good: Just meeting the specified requirement.

\n\t\t\t		\n\t\t\t

08

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Average: Marginally below the specified requirement.

\n\t\t\t		\n\t\t\t

04

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Below Average: Substantially below the specific requirement.

\n\t\t\t		\n\t\t\t

00

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

b)

\n\t\t\t		\n\t\t\t

Methodology 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

10

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Excellent: Substantially exceeding the specified requirement.

\n\t\t\t		\n\t\t\t

10

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Very Good : Marginally exceeding the specified requirement.

\n\t\t\t		\n\t\t\t

08

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Good: Just meeting the specified requirement.

\n\t\t\t		\n\t\t\t

06

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Average: Marginally below the specified requirement.

\n\t\t\t		\n\t\t\t

04

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Below Average: Substantially below the specific requirement.

\n\t\t\t		\n\t\t\t

00

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n

 

\n\n
    \n\t
  1. Sub Criteria: WORK PLAN (10 points)
    2. \n
\n\n

 

\n\n

       [Note to Consultant:

\n\n

Points shall be awarded based on evaluation of how the work plan responds to the TORs, whether all important activities are indicated in the activity schedule, and their timing is appropriate and consistent with the assignment outputs.

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

 

\n\n\t\t\t

Scoring

\n\t\t\t		\n\t\t\t

 

\n\n\t\t\t

Sub Criteria

\n\t\t\t		\n\t\t\t

Point Allocation Max. Score allocated for the Criteria (ii b)

\n\t\t\t
\n\t\t\t

a)

\n\t\t\t		\n\t\t\t

Work Plan

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

10

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Excellent: Substantially exceeding the specified requirement.

\n\t\t\t		\n\t\t\t

10

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Very Good: Marginally exceeding the specified requirement.

\n\t\t\t		\n\t\t\t

08

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Good: Just meeting the specified requirement.

\n\t\t\t		\n\t\t\t

06

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Average: Marginally below the specified requirement.

\n\t\t\t		\n\t\t\t

04

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Below Average: Substantially below the specific requirement.

\n\t\t\t		\n\t\t\t

00

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n

 

\n\n

 

\n\n
    \n\t
  1. Sub Criteria: ORGANISATION AND STAFFING (05 points)
    2. \n
\n\n

[Note to Consultant:

\n\n

Points shall be awarded based on evaluation of the team composition and the skills mix; and whether some members have worked together before to some extent.

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

 

\n\n\t\t\t

Scoring

\n\t\t\t		\n\t\t\t

 

\n\n\t\t\t

Sub Criteria

\n\t\t\t		\n\t\t\t

Point Allocation Max. Score allocated for the Criteria (ii c)

\n\t\t\t
\n\t\t\t

a)

\n\t\t\t		\n\t\t\t

Organization & Staffing

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

5

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Excellent: Substantially exceeding the specified requirement.

\n\t\t\t		\n\t\t\t

5

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Very Good: Marginally exceeding the specified requirement.

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Good: Just meeting the specified requirement.

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Average: Marginally below the specified requirement.

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Below Average: Substantially below the specific requirement.

\n\t\t\t		\n\t\t\t

00

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n

 

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

 

\n\t\t\t
\n\n


\nCRITERIA-III

\n\n

 

\n\n

KEY EXPERTS’ QUALIFICATIONS AND COMPETENCE FOR THE ASSIGNMENT: 40 POINTS FOR ALL KEY EXPERT POSITIONS

\n\n

The number of points to be assigned to each of the above positions shall be determined considering the following two sub-criteria and relevant percentage weights.

\n\n\n\n

Note :.

\n\n

APPLICATION OF EVALUATION CRITERIA (III)

\n\n

 

\n\n
    \n\t
  1. General qualifications (general education, training, and experience): [30%]
    2. \n
\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\n\t\t\t

 

\n\n\t\t\t

General qualifications

\n\t\t\t		\n\t\t\t

Point Allocation as percentage of Max. Score allocated for the “General Qualification” for specific Key Expert Position

\n\t\t\t
\n\t\t\t

I

\n\t\t\t		\n\t\t\t

Excellent: Substantially exceeding the specified requirement.

\n\t\t\t		\n\t\t\t

30%

\n\t\t\t
\n\t\t\t

II

\n\t\t\t		\n\t\t\t

Very Good: Marginally exceeding the specified requirement.

\n\t\t\t		\n\t\t\t

27%

\n\t\t\t
\n\t\t\t

III

\n\t\t\t		\n\t\t\t

Good: Just meeting the specified requirement.

\n\t\t\t		\n\t\t\t

24%

\n\t\t\t
\n\t\t\t

IV

\n\t\t\t		\n\t\t\t

Average: Marginally below the specified requirement.

\n\t\t\t		\n\t\t\t

21%

\n\t\t\t
\n\t\t\t

V

\n\t\t\t		\n\t\t\t

Below Average: Substantially below the specific requirement.

\n\t\t\t		\n\t\t\t

0

\n\t\t\t
\n\t\t\t

VI

\n\t\t\t		\n\t\t\t

Poor Submission

\n\t\t\t		\n\t\t\t

0

\n\t\t\t
\n\n

 

\n\n
    \n\t
  1. Adequacy for the Assignment (relevant education, training, experience in the sector/similar assignments):[70%]
    2. \n
\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\n\t\t\t

Adequacy for the Assignment

\n\t\t\t		\n\t\t\t

Point Allocation as percentage of Max. Score allocated for “Adequacy for

\n\n\t\t\t

The Assignment” for specific Key Expert Position

\n\t\t\t
\n\t\t\t

I

\n\t\t\t		\n\t\t\t

Excellent: Substantially exceeding the specified requirement.

\n\t\t\t		\n\t\t\t

70%

\n\t\t\t
\n\t\t\t

II

\n\t\t\t		\n\t\t\t

Very Good: Marginally exceeding the specified requirement.

\n\t\t\t		\n\t\t\t

63%

\n\t\t\t
\n\t\t\t

III

\n\t\t\t		\n\t\t\t

Good: Just meeting the specified requirement.

\n\t\t\t		\n\t\t\t

56%

\n\t\t\t
\n\t\t\t

IV

\n\t\t\t		\n\t\t\t

Average: Marginally below the specified requirement.

\n\t\t\t		\n\t\t\t

49%

\n\t\t\t
\n\t\t\t

V

\n\t\t\t		\n\t\t\t

Below Average: Substantially below the specific requirement.

\n\t\t\t		\n\t\t\t

0

\n\t\t\t
\n\t\t\t

VI

\n\t\t\t		\n\t\t\t

Poor Submission

\n\t\t\t		\n\t\t\t

0

\n\t\t\t
\n\n

                                                                           

\n\n

 

\n\n

Section 3.  Technical Proposal – Standard Forms

\n\n

{Notes to Consultant shown in brackets {  } throughout Section 3 provide guidance to the Consultant to prepare the Technical Proposal; they should not appear on the Proposals to be submitted.}

\n\n

 

\n\n

Checklist of Required Forms

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Required for FTP or STP

\n\n\t\t\t

P

\n\t\t\t		\n\t\t\t

FORM

\n\t\t\t		\n\t\t\t

DESCRIPTION

\n\t\t\t		\n\t\t\t

Page Limit

\n\n\t\t\t

 

\n\t\t\t
\n\t\t\t

FTP

\n\t\t\t		\n\t\t\t

STP

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

P

\n\t\t\t		\n\t\t\t

P

\n\t\t\t		\n\t\t\t

TECH-1

\n\t\t\t		\n\t\t\t

Technical Proposal Submission Form.

\n\t\t\t		\n\t\t\t

2 Pages

\n\t\t\t
\n\t\t\t

P If applicable

\n\t\t\t		\n\t\t\t

TECH-1 Attachment

\n\t\t\t		\n\t\t\t

If the Proposal is submitted by a joint venture, attach a letter of intent or a copy of an existing agreement.

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

P If applicable

\n\t\t\t		\n\t\t\t

Power of Attorney

\n\t\t\t		\n\t\t\t

No pre-set format/form. In the case of a Joint Venture, several are required: a power of attorney for the authorized representative of each JV member, and a power of attorney for the representative of the lead member to represent all JV members

\n\t\t\t		\n\t\t\t

As Required

\n\t\t\t
\n\t\t\t

P

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

TECH-2

\n\t\t\t		\n\t\t\t

Consultant’s Organization and Experience.

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

P

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

TECH-2A

\n\t\t\t		\n\t\t\t

A. Consultant’s Organization

\n\t\t\t		\n\t\t\t

4 Pages

\n\t\t\t
\n\t\t\t

P

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

TECH-2B

\n\t\t\t		\n\t\t\t

B. Consultant’s Experience

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

25-30 Pages

\n\t\t\t
\n\t\t\t

P

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

TECH-3

\n\t\t\t		\n\t\t\t

Comments or Suggestions on the Terms of Reference and on Counterpart Staff and Facilities to be provided by the Client.

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

P

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

TECH-3A

\n\t\t\t		\n\t\t\t

A. On the Terms of Reference

\n\t\t\t		\n\t\t\t

2 Pages

\n\t\t\t
\n\t\t\t

P

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

TECH-3B

\n\t\t\t		\n\t\t\t

B. On the Counterpart Staff and Facilities

\n\t\t\t		\n\t\t\t

2 Pages

\n\t\t\t
\n\t\t\t

P

\n\t\t\t		\n\t\t\t

P

\n\t\t\t		\n\t\t\t

TECH-4

\n\t\t\t		\n\t\t\t

Description of the Approach, Methodology, and Work Plan for Performing the Assignment

\n\t\t\t		\n\t\t\t

25-30 Pages

\n\t\t\t
\n\t\t\t

P

\n\t\t\t		\n\t\t\t

P

\n\t\t\t		\n\t\t\t

TECH-5

\n\t\t\t		\n\t\t\t

Work Schedule and Planning for Deliverables

\n\t\t\t		\n\t\t\t

A3 5 pages

\n\t\t\t
\n\t\t\t

P

\n\t\t\t		\n\t\t\t

P

\n\t\t\t		\n\t\t\t

TECH-6

\n\t\t\t		\n\t\t\t

Team Composition, Key Experts Inputs, and attached Curriculum Vitae (CV)

\n\t\t\t		\n\t\t\t

As required (Limit 5 Pages per CV)

\n\t\t\t
\n\t\t\t

P

\n\t\t\t		\n\t\t\t

P

\n\t\t\t		\n\t\t\t

TECH-7

\n\t\t\t		\n\t\t\t

Code of Conduct (ES)

\n\t\t\t		\n\t\t\t

As required

\n\t\t\t
\n\n

 

\n\n

 

\n\n

All pages of the original Technical and Financial Proposal shall be initialed by the same authorized representative of the Consultant who signs the Proposal.

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

Form TECH-1 

\n\n

Technical Proposal Submission Form

\n\n

 

\n\n

 

\n\n

{Location, Date}

\n\n

 

\n\n

To:       [Name and address of Client]

\n\n

 

\n\n

 

\n\n

Dear Sirs:

\n\n

 

\n\n

            We, the undersigned, offer to provide the consulting services for [Insert title of assignment] in accordance with your Request for Proposals (RFP) dated [Insert Date] and our Proposal. We are hereby submitting our Proposal, which includes this Technical Proposal and a Financial Proposal.

\n\n

 

\n\n

            {If the Consultant is a joint venture, insert the following: We are submitting our Proposal a joint venture with: {Insert a list with full name and the legal address of each member, and indicate the lead member}. We have attached a copy {insert: “of our letter of intent to form a joint venture” or, if a JV is already formed, “of the JV agreement”} signed by every participating member, which details the likely legal structure of and the confirmation of joint and severable liability of the members of the said joint venture.

\n\n

 

\n\n

{OR

\n\n

 

\n\n

If the Consultant’s Proposal includes Sub-consultants, insert the following: We are submitting our Proposal with the following firms as Sub-consultants: {Insert a list with full name and address of each Sub-consultant.}

\n\n

 

\n\n

We hereby declare that:

\n\n

a)      All the information and statements made in this Proposal are true and we accept that any misinterpretation or misrepresentation contained in this Proposal may lead to our disqualification by the Client and/or may be sanctioned by the Bank.

\n\n

(b)     Our Proposal shall be valid and remain binding upon us until [insert day, month and year in accordance with ITC 12.1].

\n\n

(c)     We have no conflict of interest in accordance with ITC 3.

\n\n

(d)    We meet the eligibility requirements as stated in ITC 6, and we confirm our understanding of our obligation to abide by the Bank’s policy in regard to Fraud and Corruption as per ITC 5.

\n\n

 

\n\n

(e)    We, along with any of our sub-consultants, subcontractors, suppliers, or service providers for any part of the contract, are not subject to, and not controlled by any entity or individual that is subject to, a temporary suspension or a debarment imposed by the World Bank Group or a debarment imposed by the World Bank Group in accordance with the Agreement for Mutual Enforcement of Debarment Decisions between the World Bank and other development banks. Further, we are not ineligible under the Client’s country laws or official regulations or pursuant to a decision of the United Nations Security Council.

\n\n

 (f)    In competing for (and, if the award is made to us, in executing) the Contract, we undertake to observe the laws against fraud and corruption, including bribery, in force in India.

\n\n

 (g)    Except as stated in the Data Sheet, ITC 12.7, we undertake to negotiate a Contract on the basis of the proposed Key Experts. We accept that the substitution of Key Experts for reasons other than those stated in ITC 12 and ITC 27.4 may lead to the termination of Contract negotiations.

\n\n

 (h)    Our Proposal is binding upon us and subject to any modifications resulting from the Contract negotiations.

\n\n

 

\n\n

We undertake, if our Proposal is accepted and the Contract is signed, to initiate the Services related to the assignment no later than the date indicated in ITC 30.2 of the Data Sheet.

\n\n

 

\n\n

We understand that the Client is not bound to accept any Proposal that the Client receives.

\n\n

 

\n\n

            We remain,

\n\n

 

\n\n

Yours sincerely,

\n\n

 

\n\n

_________________________________________________________________

\n\n

Signature (of Consultant’s authorized representative) {In full and initials}: 

\n\n

Full name:  {insert full name of authorized representative}

\n\n

Title:           {insert title/position of authorized representative}

\n\n

Name of Consultant (company’s name or JV’s name):

\n\n

Capacity:    {insert the person’s capacity to sign for the Consultant}

\n\n

Address:  {insert the authorized representative’s address}

\n\n

Phone/fax:  {insert the authorized representative’s phone and fax number, if applicable}

\n\n

Email:       {insert the authorized representative’s email address}                        

\n\n

 

\n\n

{For a joint venture, either all members shall sign or only the lead member, in which case the power of attorney to sign on behalf of all members shall be attached}

\n\n

 

\n\n

 

\n\n

Form TECH-2 (for Full Technical Proposal Only)

\n\n

Consultant’s Organization and Experience

\n\n

 

\n\n

 

\n\n

Form TECH-2: a brief description of the Consultant’s organization and an outline of the recent experience of the Consultant that is most relevant to the assignment. In the case of a joint venture, information on similar assignments shall be provided for each partner. For each assignment, the outline should indicate the names of the Consultant’s Key Experts and Sub-consultants who participated, the duration of the assignment, the contract amount (total and, if it was done in a form of a joint venture or a sub-consultancy, the amount paid to the Consultant), and the Consultant’s role/involvement. 

\n\n

 

\n\n

A - Consultant’s Organization

\n\n

 

\n\n

1. Provide here a brief description of the background and organization of your company, and – in case of a joint venture – of each member for this assignment.

\n\n

 

\n\n

2. Include organizational chart, a list of Board of Directors, and beneficial ownership.

\n\n

 

\n\n

B - Consultant’s Experience

\n\n

 

\n\n

 

\n\n

1. List only previous similar assignments successfully completed in the last 8 years.

\n\n

2. List only those assignments for which the Consultant was legally contracted by the Client as a company or was one of the joint venture members. Assignments completed by the Consultant’s individual experts working privately or through other consulting firms cannot be claimed as the relevant experience of the Consultant, or that of the Consultant’s partners or sub-consultants, but can be claimed by the Experts themselves in their CVs. The Consultant should be prepared to substantiate the claimed experience by presenting copies of relevant documents and references if so requested by the Client.

\n\n

 

\n\n

 

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Duration

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Assignment name/& brief description of main deliverables/outputs

\n\t\t\t		\n\t\t\t

Name of Client & Country of Assignment

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Approx. Contract value (in Rs.)/ Amount paid to your firm

\n\t\t\t		\n\t\t\t

Role on the Assignment

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

{e.g., Jan.2009– Apr.2010}

\n\t\t\t		\n\t\t\t

{e.g., “Improvement quality of...............”: designed master plan for rationalization of ........; }

\n\t\t\t		\n\t\t\t

{e.g., Ministry of ......, country}

\n\t\t\t		\n\t\t\t

{e.g., Rs.1 mill/Rs. 0.5 mill}

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

{e.g., Lead partner in a JV A&B&C}

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

{e.g., Jan-May 2008}

\n\t\t\t		\n\t\t\t

{e.g., “Support to sub-national government.....”: drafted secondary level regulations on..............}

\n\t\t\t		\n\t\t\t

{e.g., municipality of........., country}

\n\t\t\t		\n\t\t\t

{e.g., Rs. 0.2 mil/Rs. 0.2 mil}

\n\t\t\t		\n\t\t\t

{e.g., sole Consultant}

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

Form TECH-3 (for Full Technical Proposal)

\n\n

 

\n\n

Comments and Suggestions on the Terms of Reference, Counterpart Staff, and Facilities to be Provided by the Client

\n\n

 

\n\n

Form TECH-3: comments and suggestions on the Terms of Reference that could improve the quality/effectiveness of the assignment; and on requirements for counterpart staff and facilities, which are provided by the Client, including: administrative support, office space, local transportation, equipment, data, etc.

\n\n

 

\n\n

A - On the Terms of Reference

\n\n

 

\n\n

 

\n\n

{improvements to the Terms of Reference, if any}

\n\n

 

\n\n

 

\n\n

B - On Counterpart Staff and Facilities

\n\n

 

\n\n

 

\n\n

{comments on counterpart staff and facilities to be provided by the Client. For example, administrative support, office space, local transportation, equipment, data, background reports, etc., if any}

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

Form TECH-4 (for Full Technical Proposal Only)

\n\n

 

\n\n

Description of Approach, Methodology, and Work Plan in Responding to the Terms of Reference

\n\n

 

\n\n

 

\n\n

Form TECH-4: a description of the approach, methodology and work plan for performing the assignment, including a detailed description of the proposed methodology for training, if the Terms of Reference specify training as a specific component of the assignment.

\n\n

 

\n\n

{Suggested structure of your Technical Proposal (in FTP format):

\n\n

 

\n\n
    \n\t
  1. Technical Approach and Methodology
    2. \n\t
  2. Work Plan
    3. \n\t
  3. Organization and Staffing
    4. \n
\n\n

 

\n\n

a)         Technical Approach and Methodology.  {Please explain your understanding of the objectives of the assignment as outlined in the Terms of Reference (TORs), the technical approach, and the methodology you would adopt for implementing the tasks to deliver the expected output(s), and the degree of detail of such output. Please do not repeat/copy the TORs in here.}

\n\n

 

\n\n

b)         Work Plan.  {Please outline the plan for the implementation of the main activities/tasks of the assignment, their content and duration, phasing and interrelations, milestones (including interim approvals by the Client), and tentative delivery dates of the reports. The proposed work plan should be consistent with the technical approach and methodology, showing your understanding of the TOR and ability to translate them into a feasible working plan. A list of the final documents (including reports) to be delivered as final output(s) should be included here. The work plan should be consistent with the Work Schedule Form.}

\n\n
    \n\t
  1. Organization and Staffing. {Please describe the structure and composition of your team, including the list of the Key Experts, Non-Key Experts and relevant technical and administrative support staff.}
    2. \n
\n\n

 

\n\n

 

\n\n

Form TECH-5 (for FTP)

\n\n

 

\n\n

Work Schedule and planning for deliverables

\n\n

 

\n\n

 

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

N°

\n\t\t\t		\n\t\t\t

Deliverables 1 (D-..)

\n\t\t\t		\n\t\t\t

Months

\n\t\t\t
\n\t\t\t

1

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

5

\n\t\t\t		\n\t\t\t

6

\n\t\t\t		\n\t\t\t

7

\n\t\t\t		\n\t\t\t

8

\n\t\t\t		\n\t\t\t

9

\n\t\t\t		\n\t\t\t

.....

\n\t\t\t		\n\t\t\t

n

\n\t\t\t		\n\t\t\t

TOTAL

\n\t\t\t
\n\t\t\t

D-1

\n\t\t\t		\n\t\t\t

{e.g., Deliverable #1: Report A

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

1) data collection

\n\t\t\t		\n\t\t\t

                                                

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

2)  drafting

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

3) inception report     

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

4) incorporating comments

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

5)  delivery of final report to Client}

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

D-2

\n\t\t\t		\n\t\t\t

{e.g., Deliverable #2:...............}

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n

1      List the deliverables with the breakdown for activities required to produce them and other benchmarks such as the Client’s approvals.  For phased assignments, indicate the activities, delivery of reports, and benchmarks separately for each phase.

\n\n

2      Duration of activities shall be indicated in a form of a bar chart.

\n\n

3.     Include a legend, if necessary, to help read the chart.

\n\n

 

\n\n

Form TECH-6 (for FTP)

\n\n

Team Composition, Assignment, and Key Experts’ inputs

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

N°

\n\t\t\t		\n\t\t\t

Name

\n\t\t\t		\n\t\t\t

Expert’s input (in person/month) per each Deliverable (listed in TECH-5)

\n\t\t\t		\n\t\t\t

Total time-input

\n\n\t\t\t

(in Months)

\n\t\t\t
\n\t\t\t

Position

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

D-1

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

D-2

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

D-3

\n\t\t\t		\n\t\t\t

........

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

D-...

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Home

\n\t\t\t		\n\t\t\t

Field

\n\t\t\t		\n\t\t\t

Total

\n\t\t\t
\n\t\t\t

KEY EXPERTS

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

K-1

\n\t\t\t		\n\t\t\t

{e.g., Mr. Abbbb}

\n\t\t\t		\n\t\t\t

[Team Leader]

\n\t\t\t		\n\t\t\t

[Home]

\n\t\t\t		\n\t\t\t

[2 month]

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

[1.0]

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

[1.0]

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

[Field]

\n\t\t\t		\n\t\t\t

[0.5 m]

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

[2.5]

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

[0]

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

K-2

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

K-3

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

n

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Subtotal

\n\t\t\t		 \n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n

1      For Key Experts, the input should be indicated individually for the same positions as required under the Data Sheet ITC21.1.

\n\n

2      Months are counted from the start of the assignment/mobilization.  One (1) month equals twenty two (22) working (billable) days. One working (billable) day shall be not less than eight (8) working (billable) hours.

\n\n

3      “Home” means work in the office in the expert’s country of residence. “Field” work means work carried out in the Client’s country or any other country outside the expert’s country of residence.

\n\n

                       Full time input

\n\n

                         Part time input

\n\n

 

\n\n

 

\n\n

 

\n\n

Form TECH-6

\n\n

(Continued)

\n\n

 

\n\n

CURRICULUM VITAE (CV)

\n\n

 

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Position Title and No.

\n\t\t\t		\n\t\t\t

{e.g., K-1, TEAM LEADER}

\n\t\t\t
\n\t\t\t

Name of Expert:

\n\t\t\t		\n\t\t\t

{Insert full name}

\n\t\t\t
\n\t\t\t

Date of Birth:

\n\t\t\t		\n\t\t\t

{day/month/year}

\n\t\t\t
\n\t\t\t

Country of Citizenship/Residence

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n

Education: {List college/university or other specialized education, giving names of educational institutions, dates attended, degree(s)/diploma(s) obtained}

\n\n

________________________________________________________________________

\n\n

 

\n\n

Employment record relevant to the assignment: {Starting with present position, list in reverse order. Please provide dates, name of employing organization, titles of positions held, types of activities performed and location of the assignment, and contact information of previous clients and employing organization(s) who can be contacted for references. Past employment that is not relevant to the assignment does not need to be included.}

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Period

\n\t\t\t		\n\t\t\t

Employing organization and your title/position. Contact information for references

\n\t\t\t		\n\t\t\t

Country

\n\t\t\t		\n\t\t\t

Summary of activities performed relevant to the Assignment

\n\t\t\t
\n\t\t\t

[e.g., May 2005-present]

\n\t\t\t		\n\t\t\t

[e.g., Ministry of ……, advisor/consultant to…

\n\n\t\t\t

 

\n\n\t\t\t

For references: Tel…………/e-mail……; Mr. Hbbbbb, deputy minister]

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n

Membership in Professional Associations and Publications: ______________________________________________________________________

\n\n

 

\n\n

Language Skills (indicate only languages in which you can work): ______________

\n\n

______________________________________________________________________

\n\n

 

\n\n

 

\n\n

Adequacy for the Assignment:

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Detailed Tasks Assigned on Consultant’s Team of Experts:

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Reference to Prior Work/Assignments that Best Illustrates Capability to Handle the Assigned Tasks

\n\t\t\t
\n\t\t\t

{List all deliverables/tasks as in TECH- 5 in which the Expert will be involved}

\n\n\t\t\t

 

\n\n\t\t\t

 

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\n\t\t\t

 

\n\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

           

\n\n

 

\n\n

 Expert’s contact information: (e-mail …………………., phone……………)

\n\n

 

\n\n

Certification:

\n\n

I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes myself, my qualifications, and my experience, and I am available, as and when necessary, to undertake the assignment in case of an award. I understand that any misstatement or misrepresentation described herein may lead to my disqualification or dismissal by the Client, and/or sanctions by the Bank.

\n\n

 

\n\n

 

\n\n

 

\n\n

                                                                                                                        {day/month/year}

\n\n

Name of Expert                                                                        Signature                                                                                Date

\n\n

 

\n\n

 

\n\n

                                                                                                                        {day/month/year}

\n\n

Name of authorized                                                                 Signature                                                                                 Date

\n\n

Representative of the Consultant

\n\n

(the same who signs the Proposal)         

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

Section 4.  Financial Proposal - Standard Forms

\n\n

{Notes to Consultant shown in brackets {  } provide guidance to the Consultant to prepare the Financial Proposals; they should not appear on the Financial Proposals to be submitted.}

\n\n

 

\n\n

Financial Proposal Standard Forms shall be used for the preparation of the Financial Proposal according to the instructions provided in Section 2.

\n\n

 

\n\n

FIN-1        Financial Proposal Submission Form

\n\n

 

\n\n

FIN-2        Summary of Costs

\n\n

 

\n\n

FIN-3        Breakdown of Costs

\n\n

 

\n\n

FIN-4        Reimbursable expenses

\n\n

 

\n\n

FIN-5        Bill of Quantity

\n\n

 

\n\n

 

\n\n

Form FIN-1

\n\n

Financial Proposal Submission Form

\n\n

 

\n\n

 

\n\n

{Location, Date}

\n\n

 

\n\n

To:       Project Director

\n\n

            Kerala Solid Waste Management Project (KSWMP)

\n\n

            Upper Ground Floor, Trans Towers, Vazhuthacaud,

\n\n

            Thiruvananthapuram -695014, Kerala, India

\n\n

            Telephone: 0471-2333011

\n\n

            E-Mail: tenderkswmp@gmail.com

\n\n

            Website: www.kswmp.org

\n\n

 

\n\n

 

\n\n

Dear Sirs:

\n\n

 

\n\n

            We, the undersigned, offer to provide the consulting services for [Insert title of assignment] in accordance with your Request for Proposal dated [Insert Date] and our Technical Proposal. 

\n\n

 

\n\n

Our attached Financial Proposal is for the amount of Rs.                  {Insert amount in words and figures}, [Insert “including” or “excluding”] of all indirect local taxes in accordance with ITC 25.1 in the Data Sheet. The estimated amount of local indirect taxes is Rs.                      {Insert amount in words and figures} which shall be confirmed or adjusted, if needed, during negotiations. {Please note that all amounts shall be the same as in Form FIN-2}.

\n\n

 

\n\n

            Our Financial Proposal shall be valid and remain binding upon us, subject to the modifications resulting from Contract negotiations, for the period of time specified in the Data Sheet, ITC 12.1.

\n\n

 

\n\n

            Commissions and gratuities paid or to be paid by us to an agent or any third party relating to preparation or submission of this Proposal and Contract execution, paid if we are awarded the Contract, are listed below:

\n\n

 

\n\n

        Name and Address                                      Amount and                                     Purpose of Commission

\n\n

                of Agents                                                   Currency                                                       or Gratuity

\n\n

                                                                                                                                                                                                       

\n\n

                                                                                                                                                                                                       

\n\n

 

\n\n

{If no payments are made or promised, add the following statement: “No commissions or gratuities have been or are to be paid by us to agents or any third party relating to this Proposal and Contract execution.”}

\n\n

 

\n\n

            We understand you are not bound to accept any Proposal you receive.

\n\n

 

\n\n

            We remain,

\n\n

 

\n\n

Yours sincerely,

\n\n

 

\n\n

_________________________________________________________________

\n\n

Signature (of Consultant’s authorized representative) {In full and initials}: 

\n\n

Full name:  {insert full name of authorized representative}

\n\n

Title:           {insert title/position of authorized representative}

\n\n

Name of Consultant (company’s name or JV’s name):

\n\n

Capacity:    {insert the person’s capacity to sign for the Consultant}

\n\n

Address:  {insert the authorized representative’s address}

\n\n

Phone/fax:  {insert the authorized representative’s phone and fax number, if applicable}

\n\n

Email:       {insert the authorized representative’s email address}                        

\n\n

 

\n\n

{For a joint venture, either all members shall sign or only the lead member/consultant, in which case the power of attorney to sign on behalf of all members shall be attached}

\n\n

 

\n\n

Form FIN-2 Summary of Costs

\n\n

                                                                                                                                                                                          

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Item

\n\t\t\t		\n\t\t\t

Cost

\n\n\t\t\t

 

\n\t\t\t
\n\t\t\t

{Consultant must state the proposed Costs in accordance with ITC 16.4 of the Data Sheet}

\n\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\n\t\t\t

In Indian Rupees (Rs.)

\n\n\t\t\t

 

\n\n\t\t\t

 

\n\t\t\t
\n\t\t\t

Cost of the Financial Proposal

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

Including:

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

(1) Costs

\n\t\t\t		\n\t\t\t

As per total in FORM FIN – 5

\n\n\t\t\t

 

\n\t\t\t
\n\t\t\t

(2) Reimbursables

\n\t\t\t		\n\t\t\t

NOT APPLICABLE

\n\t\t\t
\n\t\t\t

Total Cost of the Financial Proposal:

\n\n\t\t\t

{Should match the amount in Form FIN-1}

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

Indirect Local Tax Estimates – to be discussed and finalized at the negotiations if the Contract is awarded

\n\t\t\t
\n\t\t\t

Total Estimate for GST:

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n

 

\n\n

 

\n\n

FORM FIN-3 Breakdown of Costs

\n\n

 

\n\n

When used for Lump-Sum contract assignment, information to be provided in this Form shall only be used to demonstrate the basis for the calculation of the Contract’s ceiling amount; to calculate applicable taxes at contract negotiations; and, if needed, to establish payments to the Consultant for possible additional services requested by the Client. This Form shall not be used as a basis for payments under Lump-Sum contracts. This FORM IS NOT TO BE FILLED UP.

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

A. COST

\n\t\t\t
\n\t\t\t

No

\n\t\t\t		\n\t\t\t

Task/Item

\n\t\t\t		\n\t\t\t

Unit Rate

\n\t\t\t		\n\t\t\t

Quantity

\n\t\t\t		\n\t\t\t

Gross

\n\t\t\t		\n\t\t\t

Total in INR

\n\t\t\t
\n\t\t\t

(a)

\n\t\t\t		\n\t\t\t

Task 1

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

1

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Task 2

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

1

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Task 3

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Total Fee

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

GST

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Grand Total

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

Form FIN-4 Breakdown of Reimbursable Expenses

\n\n

 

\n\n

When used for Lump-Sum contract assignment, information to be provided in this Form shall only be used to demonstrate the basis for calculation of the Contract ceiling amount, to calculate applicable taxes at contract negotiations and, if needed, to establish payments to the Consultant for possible additional services requested by the Client. This form shall not be used as a basis for payments under Lump-Sum contracts. THIS FORM IS NOT TO BE FILLED UP.

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

B. Reimbursable Expenses

\n\t\t\t
\n\t\t\t

N°

\n\t\t\t		\n\t\t\t

Type of Reimbursable Expenses

\n\t\t\t		\n\t\t\t

Unit

\n\t\t\t		\n\t\t\t

Unit Cost

\n\t\t\t		\n\t\t\t

Quantity

\n\t\t\t		\n\t\t\t

In Indian Rupees (Rs.)

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

{e.g., Per diem allowances**}

\n\t\t\t		\n\t\t\t

{Day}

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

{e.g., International flights}

\n\t\t\t		\n\t\t\t

{Ticket}

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

{e.g., In/out airport transportation}

\n\t\t\t		\n\t\t\t

{Trip}

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

{e.g., Communication costs between Insert place and Insert place}

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

{e.g., reproduction of reports}

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

{e.g., Office rent}

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

....................................

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

{Training of the Client’s personnel – if required in TOR}

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

                                                                                                                 Total Costs

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n

Legend:

\n\n

“Per diem allowance” is paid for each night the expert is required by the Contract to be away from his/her usual place of residence. Client can set up a ceiling.

\n\n

 

\n\n

 

\n\n

 

\n\n

Form FIN-5

\n\n

Bill Of Quantity

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Item

\n\t\t\t		\n\t\t\t

Deliverables and structure of financial proposal

\n\t\t\t		\n\t\t\t

Unit

\n\t\t\t		\n\t\t\t

No. of direct delivery items / Indicative Value of outsourced services

\n\t\t\t		\n\t\t\t

Unit Rate per direct delivery item / Percentage of management fee

\n\t\t\t		\n\t\t\t

Total Value

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

A

\n\t\t\t		\n\t\t\t

B

\n\t\t\t		\n\t\t\t

C = A*B

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

A

\n\t\t\t		\n\t\t\t

Inception Report & Course Design

\n\t\t\t		\n\t\t\t

LS

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

B

\n\t\t\t		\n\t\t\t

Content development: Development of content for trainings based on the curriculum finalized by subject experts relating to

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		  \n\t\t\t

 

\n\t\t\t
\n\t\t\t

1

\n\t\t\t		\n\t\t\t

KSWMP Project management and implementation

\n\t\t\t		\n\t\t\t

Hrs

\n\t\t\t		\n\t\t\t

21*

\n\t\t\t		  \n\t\t\t

 

\n\t\t\t
\n\t\t\t

2

\n\t\t\t		\n\t\t\t

Procurement

\n\t\t\t		\n\t\t\t

Hrs

\n\t\t\t		\n\t\t\t

13*

\n\t\t\t		  \n\t\t\t

 

\n\t\t\t
\n\t\t\t

3

\n\t\t\t		\n\t\t\t

Environmental Management safeguards

\n\t\t\t		\n\t\t\t

Hrs

\n\t\t\t		\n\t\t\t

42*

\n\t\t\t		  \n\t\t\t

 

\n\t\t\t
\n\t\t\t

4

\n\t\t\t		\n\t\t\t

Social Management Safeguards

\n\t\t\t		\n\t\t\t

Hrs

\n\t\t\t		\n\t\t\t

100*

\n\t\t\t		  \n\t\t\t

 

\n\t\t\t
\n\t\t\t

5

\n\t\t\t		\n\t\t\t

SWM Sector Specific Subjects

\n\t\t\t		\n\t\t\t

Hrs

\n\t\t\t		\n\t\t\t

46*

\n\t\t\t		  \n\t\t\t

 

\n\t\t\t
\n\t\t\t

6

\n\t\t\t		\n\t\t\t

 ULB level trainings

\n\t\t\t		\n\t\t\t

Hrs

\n\t\t\t		\n\t\t\t

78*

\n\t\t\t		  \n\t\t\t

 

\n\t\t\t
\n\t\t\t

7

\n\t\t\t		\n\t\t\t

Fifty (50) training videos, each of minimum 30 minutes’ duration on different subjects in the curriculum identified by the SPMU

\n\t\t\t		\n\t\t\t

Nos

\n\t\t\t		\n\t\t\t

50

\n\t\t\t		  \n\t\t\t

 

\n\t\t\t
\n\t\t\t

8

\n\t\t\t		\n\t\t\t

Development of Materials including answer keys for evaluating and assessing the effectiveness of trainings

\n\t\t\t		\n\t\t\t

LS

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

C

\n\t\t\t		\n\t\t\t

Delivery of Training

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		  \n\t\t\t

 

\n\t\t\t
\n\t\t\t

1a

\n\t\t\t		\n\t\t\t

Delivery of trainings on e-platform

\n\t\t\t		\n\t\t\t

Hrs

\n\t\t\t		\n\t\t\t

720

\n\t\t\t		  \n\t\t\t

 

\n\t\t\t
\n\t\t\t

1b

\n\t\t\t		\n\t\t\t

Delivery of trainings as classroom trainings.

\n\t\t\t		\n\t\t\t

Hrs

\n\t\t\t		\n\t\t\t

1670

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

2

\n\t\t\t		\n\t\t\t

Organising exposure visits

\n\n\t\t\t

                

\n\t\t\t		\n\t\t\t

LS

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		  \n\t\t\t

 

\n\t\t\t
\n\t\t\t

D

\n\t\t\t		\n\t\t\t

Percentage Management fee for the Consultant for the Cost of logistics and other infrastructure facilities for the trainers, content developers

\n\t\t\t		\n\t\t\t

LS

\n\t\t\t		\n\t\t\t

30,00,000

\n\t\t\t		  \n\t\t\t

 

\n\t\t\t
\n\t\t\t

E

\n\t\t\t		\n\t\t\t

Percentage Management fees for the consultant for coordinating, implementing the project

\n\t\t\t		\n\t\t\t

LS

\n\t\t\t		\n\t\t\t

4,00,00,000

\n\n\t\t\t

 

\n\t\t\t		  \n\t\t\t

 

\n\t\t\t
\n\t\t\t

I

\n\t\t\t		\n\t\t\t

Total of A+B+C

\n\t\t\t		\n\t\t\t

XXXXX

\n\t\t\t
\n\t\t\t

II

\n\t\t\t		\n\t\t\t

Total of D+E

\n\t\t\t		\n\t\t\t

XXXXX

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Grand Total (I +II)

\n\t\t\t		\n\t\t\t

XXXXX

\n\t\t\t
        
\n\n

*No of hours shown are INDICATIVE based on an Initial assessment by SPMU, actual hours required for content development may vary depending on Course design, annual TNA and needs of SPMU, Payments to the selected Consultant shall be based on the UNIT RATES (Column B) quoted by the consultant, with the number of hours to be finalised as per the SPMU approved course design.

\n\n

Please Note:

\n\n

1) Spaces filled in GREEN (Item D & E ) should be filled as a percentage management fee against the Lumpsum indicative logistics cost estimated of the Client. The percentage management fee would be payable to the Consultant as the percentage of actual bills paid to third party service providers, which are pre-approved by the Client against specific Proposals received from the Consultant ahead of the scheduled training session.

\n\n

2)  The amount quoted for item A (Inception report and Course Design) and item B (Content Development) should be limited to 5% and 20% respectively of the amount in I (Total of A+B+C)

\n\n

 

\n\n

 

\n\n

Section 5.  Eligible Countries

\n\n

 

\n\n

In reference to ITC 6.3.2, for the information of Consultants, at the present time firms, goods and services from the following countries are excluded from this selection:

\n\n

 

\n\n

Under the ITC 6.3.2 (a): None

\n\n

 

\n\n

Under the ITC 6.3.2 (b): None

\n\n

 

\n\n

 

\n\n

 

\n\n

Section 6.  Fraud and Corruption

\n\n

(This Section 6, Fraud and Corruption shall not be modified)

\n\n

 

\n\n

 

\n\n
    \n\t
  1. Purpose\n\n\t
      \n\t\t
    1. The Bank’s Anti-Corruption Guidelines and this annex apply with respect to procurement under Bank Investment Project Financing operations.
      2. \n\t
    \n\t
    2. \n\t
  2. Requirements
    3. \n
\n\n
    \n\t
  1. The Bank requires that Borrowers (including beneficiaries of Bank financing); bidders (applicants/proposers), consultants, contractors and suppliers; any sub-contractors, sub-consultants, service providers or suppliers; any agents (whether declared or not); and any of their personnel, observe the highest standard of ethics during the procurement process, selection and contract execution of Bank-financed contracts, and refrain from Fraud and Corruption.
    2. \n\t
  2. To this end, the Bank:
    3. \n
\n\n
    \n\t
  1. Defines, for the purposes of this provision, the terms set forth below as follows:
    2. \n
\n\n
    \n\t
  1. “corrupt practice” is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party;
    2. \n\t
  2. “fraudulent practice” is any act or omission, including misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain financial or other benefit or to avoid an obligation;
    3. \n\t
  3. “collusive practice” is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party;
    4. \n\t
  4. “coercive practice” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party;
    5. \n\t
  5. “obstructive practice” is:
    6. \n
\n\n
    \n\t
  1. deliberately destroying, falsifying, altering, or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a Bank investigation into allegations of a corrupt, fraudulent, coercive, or collusive practice; and/or threatening, harassing, or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or
    2. \n\t
  2. acts intended to materially impede the exercise of the Bank’s inspection and audit rights provided for under paragraph 2.2 e. below.
    3. \n
\n\n
    \n\t
  1. Rejects a proposal for award if the Bank determines that the firm or individual recommended for award, any of its personnel, or its agents, or its sub-consultants, sub-contractors, service providers, suppliers and/ or their employees, has, directly or indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing for the contract in question;
    2. \n\t
  2. In addition to the legal remedies set out in the relevant Legal Agreement, may take other appropriate actions, including declaring misprocurement, if the Bank determines at any time that representatives of the Borrower or of a recipient of any part of the proceeds of the loan engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices during the procurement process, selection and/or execution of the contract in question,  without the Borrower having taken timely and appropriate action satisfactory to the Bank to address such practices when they occur, including by failing to inform the Bank in a timely manner at the time  they knew of the practices;
    3. \n\t
  3. Pursuant to the Bank’s Anti- Corruption Guidelines and in accordance with the Bank’s prevailing sanctions policies and procedures, may sanction a firm or individual, either indefinitely or for a stated period of time, including by publicly declaring such firm or individual ineligible (i) to be awarded or otherwise benefit from a Bank-financed contract, financially or in any other manner;[2] (ii) to be a nominated[3] sub-contractor, consultant, manufacturer or supplier, or service provider of an otherwise eligible firm being awarded a Bank-financed contract; and (iii) to receive the proceeds of any loan made by the Bank or otherwise to participate further in the preparation or implementation of any Bank-financed project;
    4. \n\t
  4. Requires that a clause be included in bidding/request for proposals documents and in contracts financed by a Bank loan, requiring (i) bidders (applicants/proposers), consultants, contractors, and suppliers, and their sub-contractors, sub-consultants, service providers, suppliers, agents personnel, permit the Bank to inspect[4] all accounts, records and other documents relating to the procurement process, selection and/or contract execution, and to have them audited by auditors appointed by the Bank.
    5. \n
\n\n

 

\n\n

 

\n\n

Section 7.  Terms of Reference

\n\n

for

\n\n

External Training Consultant

\n\n

for

\n\n

Capacity Building in Kerala Solid Waste Management Project (KSWMP)

\n\n

 

\n\n

 

\n\n
    \n\t
  1. Background of the Project
    2. \n
\n\n

The Project Development Objective (PDO) for the Kerala Solid Waste Management Project (KSWMP) is to strengthen the institutional and service delivery systems for municipal solid waste management (SWM) in Kerala. The project adopts an integrated service delivery value chain approach to address the key institutional, financial, service delivery and infrastructure constraints in the SWM system in Kerala. The proposed KSWMP project will support the 93 ULBs and the project design comprises three components:

\n\n

 

\n\n

Component 1: Institutional development, capacity building and project management

\n\n

The component will provide technical assistance and capacity building at state and local levels for (a) undertaking SWM institutional, financial and policy reforms; (b) planning, designing and implementing investment sub-projects for climate smart and disaster resilient SWM infrastructure and service-provision improvements; (c) organizational development of participating ULBs for inclusive and sustainable SWM service delivery; and (d) awareness generation, gender inclusion and stakeholder engagement. This component will also provide project management, coordination and monitoring support at state, district and local levels. Lastly, this component will provide technical support to LSGD, SM and participating ULBs for (i) developing guidelines and systems for COVID-19 related waste management, sanitization and public hygiene practices to be rolled out across all urban areas, and (ii) carrying out social awareness, sensitization and training programs for key stakeholders and citizens. Key activities include:

\n\n

 

\n\n
    \n\t
  1. Technical Assistance to state agencies for policy reform, strengthening of organizational capacities and institutional systems including development of rules and regulations, and operational procedures and training.
    2. \n\t
  2. Technical Assistance to ULBs to strengthen their institutional systems including financial systems and cost recovery mechanisms, establishing mechanisms to partner with various city level agencies for SWM activities, project planning, design and implementation and O&M support.
    3. \n\t
  3. Training and awareness generation/Information Education Communication support for all agencies for SWM activities.
    4. \n
\n\n

 

\n\n

 

\n\n

Component 2: Support to ULBs for SWM

\n\n

The component will provide grants to the participating ULBs for improving their local level SWM systems and capacities, mainly on (a) primary collection and transportation systems for solid waste, including the provision for performance-based contracts with Kudumbashree and HKS women groups as SWM service providers, (b) source segregation and treatment for BDW at decentralized level, (c) rehabilitation of existing MCFs/RRFs and development of new integrated MRFs, (d) development of BDW management facilities, (f) closure/remediation of existing dumpsites and development of disposal cells as interim disposal facilities, (g) public space cleaning, sanitization, waste removal activities as well as cleaning and sanitization of government offices, hospitals, community level waste recycling and processing facilities (in the context of COVID-19), (h) protective gear, equipment, masks, chemicals, disinfectants etc. for sanitation and waste management workers, (i) operations and maintenance payments for performance-based contracts and tipping fees for regional disposal, and (j) implementation of environment and social risk mitigation actions.

\n\n

 

\n\n

Component 3: Development of Regional SWM Facilities

\n\n

This component will finance, inter alia: (a) regional processing and recycling facilities; (b) regional construction and demolition (C&D) waste management facilities; (c) transfer stations and regional sanitary landfills for municipal solid waste disposal; and (d) closure/remediation of existing waste dumpsites and development of incremental disposal cells as interim safe disposal facility. These downstream activities aim at completing the value chain. They will be implemented and managed by SM in compliance with the National SWM Rules 2016 and the guidelines issued by CPCB. In addition, this component will finance the biomedical waste management facilities to expand the state’s capacity to deal with increased volumes of biomedical waste in the context of COVID-19 pandemic.

\n\n

 

\n\n

In order to provide impetus to achieve the goal of the key activities of Component 1, SPMU will hire (i) KILA – a premier agency imparting training to local government in Kerala to conduct training needs assessment and to identify skills and knowledge gaps which are to be filled through training, and (ii) an external training Consultant to develop contents of the training courses and deliver training as per approved training plan for capacity building.  This ToR is for the External Training Consultant (ETC) for Capacity Building.

\n\n

 

\n\n
    \n\t
  1. Objectives of the Assignment
    2. \n
\n\n

The objective of this assignment is to appoint a specialized agency / institution (External Training Consultant) to develop and deliver capacity building program to the implementing partners to achieve sustainable management of solid waste. The Consultant shall be responsible for Content Development and Training Delivery as per the approved Training Plan, which has been developed from the overall Technical Assistance and Capacity Building requirements stipulated in the Project Implementation Manual (PIM) of KSWMP.

\n\n

 

\n\n

 

\n\n
    \n\t
  1. Scope of the Assignment and Detailed Tasks
    2. \n
\n\n

The Consultant shall be responsible for content, material development and delivery of training in the areas mentioned below and other appropriate areas.

\n\n

 

\n\n
    \n\t
  1. Course Content Development
    2. \n
\n\n

 

\n\n
    \n\t
  1. The Consultant shall review the draft curriculum and suggest appropriate modifications with the inputs from the concerned Experts for comprehensive coverage of the subjects. The modified curriculum shall be submitted to SPMU for approval. A Standardized program of exposure visits to select SWM facilities would be included in the curriculum
    2. \n\t
  2. Based on the curriculum, the Consultant shall prepare & submit Course Design and course material for each target group of trainees.  in hardcopy and softcopy.
    3. \n\t
  3. The Consultant shall design and develop Training Course Content and Training Calendar for classroom trainings and specific to digital platform for online trainings on all topics of KSWMP relating to the functional areas specified in Training List attached as Annexure-1 and corresponding to the finalised training curriculum and training calendars approved annually by SPMU. Such course design shall be finalised for each target groups and based on feedback workshops before finalisation. Pilot test shall be rolled out on need basis.
    4. \n\t
  4. The Consultant shall develop an appropriate assessment mechanism for each module for evaluating the effectiveness of the course content, method of training and knowledge gained by trainees. The Consultant shall develop a feedback mechanism consisting of a short set of questions to gather the feedback of trainees.
    5. \n
\n\n

 

\n\n
    \n\t
  1. Delivery of Training
    2. \n
\n\n
    \n\t
  1. The Consultant shall be responsible for delivering training sessions in both online and classroom mode for each target group mentioned in the training list as per the yearly Training Plan. In the case of Class Room Training, the trainings may have to be scheduled in all the 14 district headquarters across the State of Kerala. In the case of online trainings, such trainings shall be delivered virtually at pre-scheduled time by the designated resource persons
    2. \n\t
  2. The Consultant shall undertake the overall management, planning and execution of the training including progress monitoring and reporting. This would include, recording attendance, collecting feedback from all participants, conducting assessment of the trainees, preparing the assessment reports, distributing certificates duly signed by KSWMP, wherever required, developing training reports for all the trainings undertaken by them as per the Training Plan and preparing Annual Progress Reports over project period. The Consultant shall provide update of all training reports for inclusion in MIS.
    3. \n
\n\n

 

\n\n
    \n\t
  1. Facilitating Exposure Visits for Trainees
    2. \n
\n\n

 

\n\n
    \n\t
  1. The Consultant shall plan, coordinate and facilitate exposure visits for select Groups of Trainees to various ULBs outside the State of Kerala have good operational SWM Facilities. The Consultant shall liaise with the selected ULBs, obtain approval for the visit, schedule the trips, coordinate with the selected participants (list will be provided by SPMU), facilitate transportation, accommodation, food and refreshments of the participants during the trip.
    2. \n\t
  2. The exposure visit Coordinator shall accompany the team and ensure achievement of the intended benefits of the exposure visit. Logistics costs associated with the visits, such as cost of transportation, accommodation, food and refreshments will be directly met by the SPMU.  For this the Consultant shall obtain competitive rates and shall submit comparison statement for logistics / travel arrangements and obtain prior approval from the SPMU before execution.
    3. \n
\n\n

 

\n\n
    \n\t
  1. Training Management, including logistics
    2. \n
\n\n

 

\n\n
    \n\t
  1. The Consultant shall make all necessary arrangements for the smooth delivery of both online training sessions, the Consultant should create an attractive virtual class room environment for delivery of training ensuring continuous connect with the Trainees.
    2. \n\t
  2. In the case of Class Room Training, the Consultant shall schedule the sessions as per the Training Plan sufficiently in advance, finalise the location, venue and schedule of training and shall intimate the Trainees sufficiently in advance with minimum two week’s advance notice.
    3. \n\t
  3. The SPMU will be assisted in capacity building in KSWMP by Kerala Institute of Local Administration (KILA) – the premier agency imparting training to the Urban Local Self Governments (ULBs) in the State of Kerala. KILA will assist the SPMU in conducting the Training Need Assessment (TNA), planning, coordinating and monitoring all training programmes of the project, assessing quality of training contents developed and ensuring effectiveness of all trainings. The Consultant shall work in coordination with KILA for performing all above mentioned scope of services. All the deliverables and reports submitted by the Consultant will be reviewed by KILA and recommended for approval by SPMU. The Terms of Reference (ToR) of KILA is annexed as Annexure 2 for information purpose only.
    4. \n\t
  4. The Consultant shall assist SPMU in managing the training logistics. This shall include the management of Travel and Venue logistics of the Trainers and the Trainees, including identifying and hiring suitable training venues, food and refreshments, accommodation and transportation for trainers and trainees and audio-visual equipment, as needed, in the venue etc. Expenses towards logistics involved in delivery of trainings like venue, food and refreshments, audio visual aids, accommodation and transportation for trainees will be met by SPMU directly. For these logistics arrangements, competitive rate comparison statement shall be obtained by the Consultant for logistics arrangement and submitted to SPMU for prior approval. For managing the Travel and Venue Logistics for the Trainers and Trainees, the Consultant shall be eligible for a percentage management fee, which shall be discovered as part of the Financial Proposal. The Percentage Management Fee shall be payable to the Consultant against the actual payouts of charges by the KSWMP SPMU to third party vendors / service providers.
    5. \n\t
  5. The Consultant shall ensure the presence of a Training Coordinator at the Training Venue/s or a mutually convenient location for organizing and coordinating trainings and related activities at the time of training delivery.
    6. \n\t
  6. The Consultant shall design and print and distribute Participation Certificates duly signed by KSWMP to the Participants, who satisfactorily complete the training module. 
    7. \n\t
  7. The Consultant shall prepare and deliver fifty (50) training videos, each of minimum 30 minutes’ duration on different subjects in the curriculum identified by the SPMU. These videos shall be prepared and delivered, as presented by the respective expert. The content shall include lectures supported by proper graphical explanatories and learning materials. The video shall be in HD format maintaining quality production standards. On completion of the postproduction works, the product shall be submitted to SPMU for approval.
    8. \n
\n\n

 

\n\n

 

\n\n
    \n\t
  1. Qualifications and Experience of the Consultant
    2. \n
\n\n

 

\n\n

Capacity building being a key component of the project, the Consultant firm/Institutions shall have the resources and capability for designing and developing quality training contents and effective delivery of both digital platform-based and classroom trainings.

\n\n

The firm shall fulfill the following minimum requirements.

\n\n
    \n\t
  1. The Consultant shall be a registered legal entity with experience as a training service provider/ capacity building firm and should have been in business for the last 8 years (as on 01-04-2023), providing Services on capacity building and training involving Course design, development of training materials / course contents / modules for delivering training in online (digital platform-based trainings) and offline mode.
    2. \n\t
  2. Should have successfully completed training delivery of minimum of two training/ capacity building projects completed for Local Self Governments or Public Utilities in India in areas like good governance/ solid waste management (SWM) practices / Waste management processes / Environmental Safeguard Trainings with a minimum consulting fee of INR 40 Lakhs.
    3. \n\t
  3. The average annual turnover of the company in any three of the last five financial years shall be at least INR 500 Lakhs. (FY 2021-2022, FY 2020-2021, FY 2019-2020, FY 2018-2019, FY 2019-2018).
    4. \n
\n\n

 

\n\n
    \n\t
  1. Skillset Required for the Assignment
    2. \n
\n\n

 

\n\n

The consulting firm/Institution shall deploy the following experts for the assignment.

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Sl. No

\n\t\t\t		\n\t\t\t

Expert

\n\t\t\t		\n\t\t\t

No of experts Deployed

\n\t\t\t		\n\t\t\t

Qualification and Experience

\n\t\t\t		\n\t\t\t

 

\n\n\t\t\t

Tasks

\n\t\t\t
\n\t\t\t

1

\n\t\t\t		\n\t\t\t

Training coordinator

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

1

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  • Post - Graduate in civil Eng./Environmental Eng.
    • \n\t\t\t\t
  • Minimum of ten years’ individual/combined experience in urban infrastructure/municipal solid waste management/training and capacity building activities is required.
    • \n\t\t\t\t
  • Experience in coordinating content development/capacity building activities in urban infrastructure/Municipal solid waste management projects is desirable. 
    • \n\t\t\t\t
  • Must have good communication skills in English.
    • \n\t\t\t\t
  • Communication skills in Malayalam is desirable.
    • \n\t\t\t
\n\t\t\t		\n\t\t\t

Plan, coordinate and supervise the content development related to all assigned topics / curriculum.

\n\n\t\t\t

Plan and coordinate delivery of all trainings as per the annual training calendars approved by SPMU. Ensure completion of all other related post delivery assignments mentioned in the scope of the assignment. 

\n\n\t\t\t

Act as interface between KILA/PMU/PMC and the Consultant team for all purposes related to the assignment.

\n\n\t\t\t

The Consultant shall assist the client in arranging all logistic support for trainings as described in scope of assignment

\n\t\t\t
\n\t\t\t

2

\n\t\t\t		\n\t\t\t

Assistant training coordinator.

\n\t\t\t		\n\t\t\t

1

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  • Bachelor’s degree in any engineering discipline or post graduate degree in social work/ sociology/ environment science.
    • \n\t\t\t\t
  • Minimum of five years’ individual/combined experience in urban infrastructure/municipal solid waste management/training and capacity building activities is required.
    • \n\t\t\t\t
  • Experience in coordinating content development/capacity building activities in urban infrastructure/Municipal solid waste management projects is desirable. 
    • \n\t\t\t\t
  • Must have good communication skills in English.
    • \n\t\t\t\t
  • Communication skills in Malayalam is desirable
    • \n\t\t\t
\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Assist Training Coordinator in the following tasks:

\n\n\t\t\t

Plan, coordinate and supervise the content development related to all assigned topics / curriculum.

\n\n\t\t\t

Plan and coordinate delivery of all trainings as per the annual training calendars approved by SPMU. Ensure completion of all other related postdelivery assignments mentioned in the scope of the assignment. 

\n\n\t\t\t

Act as interface between KILA/PMU/PMC and the Consultant team for all purposes related to the assignment.

\n\n\t\t\t

The Consultant shall assist the client in arranging all logistic support for trainings as described in scope of assignment

\n\t\t\t
\n\t\t\t

3

\n\t\t\t		\n\t\t\t

Project Management Expert

\n\t\t\t		\n\t\t\t

1

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  • Master’s degree in civil Engg./construction management.
    • \n\t\t\t\t
  • Minimum ten years’ individual/combined experience in project management/ urban infrastructure/strong background in municipal solid waste management/ training & capacity building activities.
    • \n\t\t\t\t
  •  A minimum of three years of experience in conducting training in urban infrastructure, solid waste management and other service delivery functions of ULB projects.
    • \n\t\t\t\t
  • Experience in design and preparation of training content is desirable
    • \n\t\t\t\t
  • Must have good communication skills in English.
    • \n\t\t\t\t
  • Communication skills in Malayalam is desirable.
    • \n\t\t\t
\n\t\t\t		\n\t\t\t

 

\n\n\t\t\t

Develop contents, coordinate delivery of trainings and related assignments on project management and implementation aspects as per course design/ annual training calendars approved by SPMU

\n\n\t\t\t

Contribute to the content development processes.

\n\n\t\t\t

Impart trainings as per training plan approved by SPMU.

\n\t\t\t
\n\t\t\t

4

\n\t\t\t		\n\t\t\t

Procurement Expert

\n\t\t\t		\n\t\t\t

1

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  • Master’s degree in any Engg discipline.
    • \n\t\t\t\t
  • Minimum ten years’ individual/combined experience in procurement of services and goods in urban infrastructure projects out of which three years shall be in World Bank/ ADB/ other external agency funded projects.
    • \n\t\t\t\t
  •  A minimum of three years of experience in conducting training in procurement of goods and services relating to urban infrastructure, solid waste management and other service delivery projects.
    • \n\t\t\t\t
  • Experience in design and preparation of training content is desirable
    • \n\t\t\t\t
  • Must have good communication skills in English.
    • \n\t\t\t\t
  • Communication skills in Malayalam is desirable.
    • \n\t\t\t
\n\t\t\t		\n\t\t\t

Develop contents, coordinate delivery of trainings and related assignments on Procurement aspects as per course design/  annual training calendars approved by SPMU

\n\n\t\t\t

Contribute to the content development processes.

\n\n\t\t\t

Impart trainings as per training plan approved by SPMU.

\n\t\t\t
\n\t\t\t

5

\n\t\t\t		\n\t\t\t

Environmental safeguard expert

\n\t\t\t		\n\t\t\t

1

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  • Master’s degree in Civil/Environmental engineering/ bachelors degree in Civil Engg with Masters in Planning, Engineering/Environmental Management or related.
    • \n\t\t\t\t
  • Ten years’ individual/combined experience as environment safeguards expert in urban infrastructure/SWM projects/ training & capacity building activities; preferably in WB Safeguards policies & National regulations.
    • \n\t\t\t\t
  •  A minimum of three years of experience in content development and delivery of trainings
    • \n\t\t\t\t
  • A minimum of two years’ experience in environmental management safeguards (preferably in WB Safeguards policies & National regulations)/ EIA/ compliance monitoring is desirable.
    • \n\t\t\t\t
  • Must have good communication skills in English.
    • \n\t\t\t\t
  • Communication skills in Malayalam is desirable.
    • \n\t\t\t
\n\t\t\t		\n\t\t\t

Develop contents, coordinate delivery of trainings and related assignments on environmental safeguards aspects as per course design/ annual training calendars approved by SPMU

\n\n\t\t\t

 

\n\n\t\t\t

Contribute to the content development processes.

\n\n\t\t\t

 

\n\n\t\t\t

Impart trainings as per training plan approved by SPMU.

\n\n\t\t\t

 

\n\n\t\t\t

 

\n\t\t\t
\n\t\t\t

6

\n\t\t\t		\n\t\t\t

Social safeguard Expert

\n\t\t\t		\n\t\t\t

1

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  • Master’s degree in Sociology /Social work.
    • \n\t\t\t\t
  • Ten years’ individual/combined experience as social safeguards expert in urban infrastructure/SWM projects/ training & capacity building activities.
    • \n\t\t\t\t
  •  A minimum of three years of experience in content development and delivery of trainings
    • \n\t\t\t\t
  • A minimum of two years’ experience in social safeguards/ SIA/ Compliance monitoring is desirable.
    • \n\t\t\t\t
  • Must have good communication skills in English.
    • \n\t\t\t\t
  • Communication skills in Malayalam is desirable.
    • \n\t\t\t
\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Develop contents, coordinate delivery of trainings and related assignments on social safeguards aspects as per course design/ annual training calendars approved by SPMU.

\n\n\t\t\t

 

\n\n\t\t\t

Contribute to the content development processes.

\n\n\t\t\t

 

\n\n\t\t\t

Impart trainings as per training plan approved by SPMU.

\n\n\t\t\t

 

\n\n\t\t\t

 

\n\t\t\t
\n\t\t\t

7

\n\t\t\t		\n\t\t\t

Solid waste Management expert

\n\t\t\t		\n\t\t\t

1

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  • Master’s degree in Environmental/ sanitary engineering
    • \n\t\t\t\t
  • Ten years’ individual/combined experience as SWM expert / training & capacity building activities in SWM.
    • \n\t\t\t\t
  •  A minimum of three years of experience in content development and delivery of trainings
    • \n\t\t\t\t
  • A minimum of three years of experience in SWM field operations.
    • \n\t\t\t\t
  • A minimum of two years’ experience in municipal service delivery is desirable.
    • \n\t\t\t\t
  • Must have good communication skills in English.
    • \n\t\t\t\t
  • Communication skills in Malayalam is desirable.
    • \n\t\t\t
\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\n\t\t\t

Develop contents, Coordinate delivery of trainings and related assignments on solid waste management aspects as per course design/ annual training calendars approved by SPMU.

\n\n\t\t\t

 

\n\n\t\t\t

Contribute to the content development processes.

\n\n\t\t\t

 

\n\n\t\t\t

Impart trainings as per training plan approved by SPMU.

\n\t\t\t
\n\n

 

\n\n

The Consultant shall deploy adequate other support staff, as and when required, in order to achieve the objectives and scope of this assignment.  This should include a Content Developer to design the training material and an IT Expert to develop online courses

\n\n

 

\n\n

 

\n\n
    \n\t
  1. Timeline for Completion of Tasks, Deliverables and Payments
    2. \n
\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Sl. No

\n\t\t\t		\n\t\t\t

Topic

\n\t\t\t		\n\t\t\t

Timeline

\n\t\t\t		\n\t\t\t

Deliverables

\n\t\t\t		\n\t\t\t

Payments

\n\t\t\t
\n\t\t\t

A

\n\t\t\t		\n\t\t\t

Inception Report & Course Design

\n\t\t\t		\n\t\t\t

T+ 1 Month

\n\t\t\t		\n\t\t\t

Inception Report   & Module wise course design

\n\t\t\t		\n\t\t\t

As quoted in FORM FIN 5

\n\t\t\t
\n\t\t\t

B

\n\t\t\t		\n\t\t\t

Content Development

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

1

\n\t\t\t		\n\t\t\t

Development of content for trainings based on approved curriculum & course design relating to

\n\n\t\t\t\n\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\n\t\t\t
\n\t\t\t\t\t\t

a) KSWMP Project management and implementation

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

b) Procurement

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

c) Environmental safeguards

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

d) Social Management Safeguards

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

e) SWM Sector Specific Subjects

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

f) ULB level trainings

\n\t\t\t\t\t\t
\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Progressively within T+6 Months

\n\n\t\t\t

Each module to be delivered at least two weeks prior to scheduled training as per approved training plan 

\n\t\t\t		\n\t\t\t

Training courses/ modules, materials, for both digital platform-based training and classroom-based trainings. Training materials may include booklets/handouts, presentations, audio visual clips & experience sharing & other relevant documents

\n\n\t\t\t

Course-wise booklets in hard copy 3 Nos/course

\n\n\t\t\t

Soft copy in pen drive 3 Nos.

\n\t\t\t		\n\t\t\t

Monthly payments against receipt and approval of deliverables

\n\t\t\t
\n\t\t\t

2

\n\t\t\t		\n\t\t\t

50 training videos each of minimum duration 30 minutes on different subjects in the curriculum identified by the SPMU shall be prepared and delivered (as presented by the respective expert). The content shall include lectures supported by proper graphical explanatories and learning materials. The video shall be in HD format maintaining quality production standards.

\n\t\t\t		\n\t\t\t

T+6 Months

\n\t\t\t		\n\t\t\t

The video in HD format maintaining quality production standards.

\n\t\t\t		\n\t\t\t

Against Delivery

\n\t\t\t
\n\t\t\t

3

\n\t\t\t		\n\t\t\t

Development of Materials including answer keys for evaluating and assessing the effectiveness of trainings

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

To be delivered along with the training content at least two weeks prior to scheduled training as per approved training plan

\n\t\t\t		\n\t\t\t

Tools of evaluation such as assignments, exercises, role play tools, questioning techniques discussions along with answer keys etc.

\n\t\t\t		\n\t\t\t

Against delivery

\n\t\t\t
\n\t\t\t

C

\n\t\t\t		\n\t\t\t

Delivery of Training as per the Schedule attached in Annexure-1

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

1

\n\t\t\t		\n\t\t\t

Delivery of trainings both digital platform based and classroom trainings, including the course materials & certificates to the participants.

\n\t\t\t		\n\t\t\t

As per training calendar and specified time limits

\n\t\t\t		\n\t\t\t

Completion Reports of trainings conducted

\n\t\t\t		\n\t\t\t

Monthly payments upon certification of successful completion

\n\t\t\t
\n\t\t\t

2

\n\t\t\t		\n\t\t\t

Organising Exposure Visits

\n\t\t\t		\n\t\t\t

Against timetable prepared by the consultant and approval by client

\n\t\t\t		\n\t\t\t

Reports on Satisfactory completion of planning, scheduling and execution of visits

\n\t\t\t		\n\t\t\t

Monthly Payments on pro rata basis upon completion of visits

\n\t\t\t
\n\t\t\t

3

\n\t\t\t		\n\t\t\t

Uploading of training completion Status on Digital Platform of all trainings in MIS system of KSWMP.

\n\t\t\t		\n\t\t\t

Within 10 days after each training

\n\t\t\t		\n\t\t\t

Quarterly, Half yearly and Annual Training progress reports uploaded on DLP.

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

4

\n\t\t\t		\n\t\t\t

Updating of feedback into the MIS system of KSWMP for all trainings and exposure visits.

\n\t\t\t		\n\t\t\t

Within 10 days after each training

\n\t\t\t		\n\t\t\t

Feedback reports

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

5

\n\t\t\t		\n\t\t\t

Assessment and evaluation relating to all trainings and uploading of related reports MIS system of KSWMP.

\n\t\t\t		\n\t\t\t

Within 10 days of each training completed

\n\t\t\t		\n\t\t\t

Assessment report /Gap Analysis Report

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

D

\n\t\t\t		\n\t\t\t

Report on monthly progress

\n\t\t\t		\n\t\t\t

Within 10 days of every month

\n\t\t\t		\n\t\t\t

Monthly Progress Report (MPR)

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

E

\n\t\t\t		\n\t\t\t

Report on progress in every quarter

\n\t\t\t		\n\t\t\t

Within 10 days after each quarter

\n\t\t\t		\n\t\t\t

Quarterly Progress Report (QPR)

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

F

\n\t\t\t		\n\t\t\t

Completion Report

\n\t\t\t		\n\t\t\t

One month prior to the contract completion date.

\n\t\t\t		\n\t\t\t

Completion report

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
       
\n\n

T- Date of Signing of Contract Agreement

\n\n

Note – In addition to the deliverables listed above, the Consultant shall be eligible for receiving a Percentage Management Fee against the actual payouts of charges by the KSWMP SPMU to third party vendors / service providers. The percentage will be discovered through FORM FIN-5

\n\n

 

\n\n

 

\n\n

 

\n\n
    \n\t
  1. Period of Contract
    2. \n
\n\n

The contract will be initially for a period of two years and extendable up to 4 years based on the assessment of performance and with approval of project director, KSWMP.

\n\n

 

\n\n
    \n\t
  1. Client’s Input and Support
    2. \n
\n\n

On request, the Client would facilitate to make available project documents/authorisation necessary for the effective completion of duties to the Consultant.

\n\n

Expenses towards logistics for venue, food and refreshments, audio visual aids, accommodation and transportation for trainees will be met by SPMU directly.

\n\n

 

\n\n

Annexure 1

\n\n

 

\n\n

Training Lists

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

PROJECT MANAGEMENT TRAININGS

\n\t\t\t
\n\t\t\t

Sl.No.

\n\t\t\t		\n\t\t\t

Module

\n\t\t\t		\n\t\t\t

Contents

\n\t\t\t		\n\t\t\t

Hours

\n\t\t\t		\n\t\t\t

Participants

\n\t\t\t		\n\t\t\t

Periodicity

\n\t\t\t		\n\t\t\t

Mode of training

\n\t\t\t		\n\t\t\t

No of participants

\n\t\t\t		\n\t\t\t

No of batches planned

\n\t\t\t		\n\t\t\t

Refresher batch

\n\t\t\t		\n\t\t\t

Total training hours

\n\t\t\t
\n\t\t\t

1

\n\t\t\t		\n\t\t\t

About SWM in Kerala;
\n\t\t\tExisting and proposed system;  involvement of State, ULBs, and World Bank. (orientation about KSWMP Including  financing instrument)

\n\t\t\t		\n\t\t\t

•Present status of solid waste management service delivery in Kerala
\n\t\t\t•Legal and regulatory aspects
\n\t\t\t            Present rules and regulations (Central and state government)
\n\t\t\t            Expected policy/reforms (Best examples/ practices )
\n\t\t\t•SWM Challenges in Kerala
\n\t\t\t•Need for Kerala solid waste management project
\n\t\t\t• Overview of KSWMP including Technical and financial aspects

\n\t\t\t		\n\t\t\t

5

\n\t\t\t		\n\t\t\t

SPMU/DPMU and PIU
\n\t\t\t/ Local Body staff,
\n\t\t\tPMCs
\n\t\t\ttechnical review committee members

\n\t\t\t		\n\t\t\t

Year 0-1

\n\t\t\t		\n\t\t\t

Blended

\n\t\t\t		\n\t\t\t

227

\n\t\t\t		\n\t\t\t

          5.00

\n\t\t\t		\n\t\t\t

0

\n\t\t\t		\n\t\t\t

       25.00

\n\t\t\t
\n\t\t\t

2

\n\t\t\t		\n\t\t\t

Project Management and Project Implementation Set up

\n\t\t\t		\n\t\t\t

•Project life cycle
\n\t\t\t• Expected outputs
\n\t\t\t•Building the team- procurement of external consultants, service providers
\n\t\t\t•Overall institutional framework and Organization structure for project implementation.
\n\t\t\t•Project Financing Mechanism
\n\t\t\t      Financing Mechanism for :
\n\t\t\t      a. Component 1 & 3
\n\t\t\t      b. Component 2
\n\t\t\t Internal and External Audit
\n\t\t\t•Stakeholder engagement and consultation
\n\t\t\t•Project approval process and responsible institutions.
\n\t\t\t•Technical aspects of project
\n\t\t\t•Procurement of works, service and goods.
\n\t\t\t•Project Planning and Scheduling
\n\t\t\t•Work breakdown structure
\n\t\t\t•Resource allocation
\n\t\t\t•Quality control and safety during construction
\n\t\t\t•Risk Management

\n\t\t\t		\n\t\t\t

11

\n\t\t\t		\n\t\t\t

SM, SPMU, DPMU and
\n\t\t\tULB staff

\n\t\t\t		\n\t\t\t

Year 0-1

\n\t\t\t		\n\t\t\t

Blended

\n\t\t\t		\n\t\t\t

222

\n\t\t\t		\n\t\t\t

          4.00

\n\t\t\t		\n\t\t\t

0

\n\t\t\t		\n\t\t\t

       44.00

\n\t\t\t
\n\t\t\t

3

\n\t\t\t		\n\t\t\t

Project Implementation and Monitoring

\n\t\t\t		\n\t\t\t

• Managing execution
\n\t\t\t• Managing controlling
\n\t\t\t• Project control & Monitoring

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

SM, SPMU, DPMU and
\n\t\t\tULB staff

\n\t\t\t		\n\t\t\t

Year 2-6

\n\t\t\t		\n\t\t\t

Online

\n\t\t\t		\n\t\t\t

222

\n\t\t\t		\n\t\t\t

          4.00

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

       14.00

\n\t\t\t
\n\t\t\t

4

\n\t\t\t		\n\t\t\t

Project Closing and O&M Aspects

\n\t\t\t		\n\t\t\t

• Project documentation and its importance.
\n\t\t\t• Project Closing
\n\t\t\t• O&M aspects of the project.
\n\t\t\t     Understanding the operations of new technologies in SWM, practical challenges in 
\n\t\t\t     operation, Financial requirements and viability - cost sharing modalities
\n\t\t\t     O&M guidelines for assets/facilities and monitoring.

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

SM, SPMU, DPMU and
\n\t\t\tULB staff

\n\t\t\t		\n\t\t\t

Year 5

\n\t\t\t		\n\t\t\t

Offline

\n\t\t\t		\n\t\t\t

222

\n\t\t\t		\n\t\t\t

          4.00

\n\t\t\t		\n\t\t\t

0

\n\t\t\t		\n\t\t\t

       12.00

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Total

\n\t\t\t		\n\t\t\t

               21.00

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

             17

\n\t\t\t		\n\t\t\t

                       3

\n\t\t\t		\n\t\t\t

             95

\n\t\t\t
\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

PROCUREMENT RELATED TRAININGS

\n\t\t\t
\n\t\t\t

Sl.No.

\n\t\t\t		\n\t\t\t

Module

\n\t\t\t		\n\t\t\t

 Contents

\n\t\t\t		\n\t\t\t

Hours

\n\t\t\t		\n\t\t\t

Participants

\n\t\t\t		\n\t\t\t

Periodicity

\n\t\t\t		\n\t\t\t

Mode of training

\n\t\t\t		\n\t\t\t

No of participants

\n\t\t\t		\n\t\t\t

No of batches planned

\n\t\t\t		\n\t\t\t

Refresher batch

\n\t\t\t		\n\t\t\t

Total training hours

\n\t\t\t
\n\t\t\t

1

\n\t\t\t		\n\t\t\t


\n\t\t\t
\n\t\t\tBasics of Procurement of WB funded Projects
\n\t\t\t
\n\t\t\t
\n\t\t\t
\n\t\t\t
\n\t\t\t
\n\t\t\t
\n\t\t\t
\n\t\t\t 

\n\t\t\t		\n\t\t\t

1.Introduction - Objectives
\n\t\t\tSignificance of Procurement in World Bank operations, Introduction to Procurement Manual
\n\t\t\tProcurement as part of Project Cycle, Methods of Procurement
\n\t\t\t2. Public vs. Private Procurement
\n\t\t\t3. MoUs and inter agency working arrangements
\n\t\t\t4. PPP models, Cost benefit, Value for Money analysis
\n\t\t\t5. Procurement Ethics
\n\t\t\t6. Environmentally Responsible and Fiduciarily Accountable Procurement

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

SM,SPMU,DPMU and KILA

\n\t\t\t		\n\t\t\t

Year 1-6 Cont.

\n\t\t\t		\n\t\t\t

Online

\n\t\t\t		\n\t\t\t

216

\n\t\t\t		\n\t\t\t

          4.00

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

             14

\n\t\t\t
\n\t\t\t

Procurement Cycle

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

SM,SPMU,DPMU and KILA

\n\t\t\t		\n\t\t\t

Year 1-6 Cont.

\n\t\t\t		\n\t\t\t

Online

\n\t\t\t		\n\t\t\t

216

\n\t\t\t		\n\t\t\t

          2.00

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

             10

\n\t\t\t
\n\t\t\t

Procurement References in Legal Agreements for KSWMP
\n\t\t\t1. Particular methods for procurement of Goods and Works,
\n\t\t\t2. Particular Methods of Procurement of Consultants’ Services,
\n\t\t\t3. Procurement Plan for first 18 months
\n\t\t\t4. Implementation  Arrangements of the PAD

\n\t\t\t
\n\t\t\t

Procurement under World Bank projects
\n\t\t\tDifferent Methods of Procurement for World Bank Financed Projects and thresholds for KSWMP.

\n\t\t\t		\n\t\t\t

1

\n\t\t\t		\n\t\t\t

SM,SPMU,DPMU and KILA

\n\t\t\t		\n\t\t\t

Year 1-6 Cont.

\n\t\t\t		\n\t\t\t

Online

\n\t\t\t		\n\t\t\t

216

\n\t\t\t		\n\t\t\t

          4.00

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

7

\n\t\t\t
\n\t\t\t

2

\n\t\t\t		\n\t\t\t

Tendering and Bid process Management

\n\t\t\t		\n\t\t\t

Step-by-Step guidance on preparation of bid documents and tendering process with reference to the WB Procurement Guidelines 2020 -
\n\t\t\t1 Procedure for Procurement of Goods
\n\t\t\t2 Procedure for Procurement of Works
\n\t\t\t3 Procedure for Procurement of Non-Consultancy Services
\n\t\t\t4 Procedure for Procurement of Consultancy Services

\n\t\t\t		\n\t\t\t

1

\n\t\t\t		\n\t\t\t

SM,SPMU,DPMU and KILA

\n\t\t\t		\n\t\t\t

Year 1-6 Cont.

\n\t\t\t		\n\t\t\t

Online

\n\t\t\t		\n\t\t\t

216

\n\t\t\t		\n\t\t\t

          4.00

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

7

\n\t\t\t
\n\t\t\t

3

\n\t\t\t		\n\t\t\t

Application of World Bank guidelines to ULBs & Tendering procedures specific to Component 2 with SBDs explained.

\n\t\t\t		\n\t\t\t

WB Procurement guidelines
\n\t\t\tProject Initiation & Approval Protocols
\n\t\t\tPreparation of Procurement Plan
\n\t\t\tTechnical Specifications & Bill of Quantities  for preparing bid documents
\n\t\t\tPreparation of Bid Documents with reference to Standard Bidding Documents
\n\t\t\tBid Process Management
\n\t\t\tE-Procurement – Process Involved & monitoring aspects
\n\t\t\tGEM-Guidelines
\n\t\t\tReview Mechanism
\n\t\t\tReporting
\n\t\t\tIntroduction to Contract Management of Sub-Projects

\n\t\t\t		\n\t\t\t

7

\n\t\t\t		\n\t\t\t

SM,SPMU,DPMU and KILA

\n\t\t\t		\n\t\t\t

Year 1-6 Cont.

\n\t\t\t		\n\t\t\t

Online

\n\t\t\t		\n\t\t\t

216

\n\t\t\t		\n\t\t\t

          4.00

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

49

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

TOTAL

\n\t\t\t		\n\t\t\t

                        13.00

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

             18

\n\t\t\t		\n\t\t\t

                    15

\n\t\t\t		\n\t\t\t

             87

\n\t\t\t
\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

ENVIRONMENTAL SAFEGUARDS TRAININGS according to ESMF

\n\t\t\t
\n\t\t\t

Sl.No.

\n\t\t\t		\n\t\t\t

Module

\n\t\t\t		\n\t\t\t

 Contents

\n\t\t\t		\n\t\t\t

Hours

\n\t\t\t		\n\t\t\t

Participants

\n\t\t\t		\n\t\t\t

Periodicity

\n\t\t\t		\n\t\t\t

Mode of training

\n\t\t\t		\n\t\t\t

No of participants

\n\t\t\t		\n\t\t\t

No of batches planned

\n\t\t\t		\n\t\t\t

Refresher batch

\n\t\t\t		\n\t\t\t

Total training hours

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

1

\n\t\t\t		\n\t\t\t

KSWMP Safeguards On-boarding
\n\t\t\t-Applicable regulations: / legal requirements and Sensitivities: National, State, Local/others-

\n\t\t\t		\n\t\t\t


\n\t\t\tLegal Requirements -Procedures for getting Clearances/Permissions
\n\t\t\t1.KSPCB, (Authorization/Consent)
\n\t\t\t2.DOECC/Envt. Dept.,- Environmental Clearances   (SEIAA)
\n\t\t\t3. CRZ clearance - KCZMA,
\n\t\t\t 4.Wetland clearance  – SWAK
\n\t\t\t 5.Other NOCs – Airport Authority of India ,Forest Dept -forest clearance, tree cutting permission and fire and safety NOCs, Extraction of ground water (ground water Dept.)     Kerala Building rules and all other relevant National/State regulations

\n\t\t\t		\n\t\t\t

5

\n\t\t\t		\n\t\t\t

SPMU Safeguards (E&S)
\n\t\t\tExperts,
\n\t\t\tDPMU Safeguards
\n\t\t\tExperts (E&S), PMCs,Technical review committee,PIU,TSC

\n\t\t\t		\n\t\t\t

Year 1,2,3

\n\t\t\t		\n\t\t\t

Offline

\n\t\t\t		\n\t\t\t

217

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

            30

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

1. Environment(Protection)  Act, 1986,
\n\t\t\t2.  Water (Prevention and Control of Pollution ) Act,1974, Water Cess Act
\n\t\t\t3.   Air (Prevention and Control of Pollution ) Act,1981
\n\t\t\t4.  Solid Waste Management Rules, 2016

\n\n\t\t\t

5. Biomedical Waste Management Rules,2016

\n\n\t\t\t

6. C&D Waste Management Rules,2016
\n\t\t\t7. EIA notification 2006 and its amendments
\n\t\t\t8. Relevant guidelines, circulars, notification applicable for KSWMP.

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

Year 1,2,3

\n\t\t\t		\n\t\t\t

Offline

\n\t\t\t		\n\t\t\t

217

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

            18

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

2

\n\t\t\t		\n\t\t\t

ESMF incorporation in Project Cycle -during Identification, Preparation, Appraisal, Implementation ( Monitoring and Audit)

\n\t\t\t		\n\t\t\t

1. Methodology Adopted for EMF Preparation
\n\t\t\t2. EMF Adoption Framework
\n\t\t\t3. Sub project identification: site criteria and relevant norms as per EMF
\n\t\t\t4. Envt. Screening Mechanism as per ESMF 
\n\t\t\t5. Categorization of the Projects
\n\t\t\t6. Sub project Preparation and Appraisal
\n\t\t\t7. Institutional mechanism for EMF implementation
\n\t\t\t8. Sub project Monitoring and evaluation, and
\n\t\t\tEnvt.  Audit

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

SPMU,DPMU,PMC,
\n\t\t\tTSC,PIU

\n\t\t\t		\n\t\t\t

Year 1,2,3

\n\t\t\t		\n\t\t\t

Offline

\n\t\t\t		\n\t\t\t

217

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

            18

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

3

\n\t\t\t		\n\t\t\t

Overview of Locations and Project Activities; Impacts

\n\t\t\t		\n\t\t\t

Overall Project Locations -
\n\t\t\tSite Criteria and Project Site Specific EMP and disaster climate resilience
\n\t\t\tAnticipated Environmental Impacts: activity-wise -
\n\t\t\t1. Impacts on Land / Soil Environment
\n\t\t\t2. Impacts on Air and Noise Environment
\n\t\t\t3. Impacts on Water  Environment
\n\t\t\t4. Impact on Biodiversity and Host Communities
\n\t\t\tNeed for mitigation/management-
\n\t\t\tControlling impacts of the projects through a mitigation hierarchy approach to: (a) Anticipate and avoid risks and impacts; (b) Where avoidance is not possible, minimize or reduce risks and impacts to acceptable levels; (c) Once risks and impacts have been minimized or reduced, mitigate; and (d) Where significant residual impacts remain, compensate for or offset them, where technically and financially feasible.
\n\t\t\t4. Warning System
\n\t\t\t5. Protective measures

\n\t\t\t		\n\t\t\t

5

\n\t\t\t		\n\t\t\t

SPMU,DPMU,PMC,
\n\t\t\tTSC,PIU

\n\t\t\t		\n\t\t\t

Year 1,2,3

\n\t\t\t		\n\t\t\t

Offline

\n\t\t\t		\n\t\t\t

217

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

            30

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

4

\n\t\t\t		\n\t\t\t

Sub Project Level
\n\t\t\tEnvironmental Assessments, Generic Mitigation / Management measures, Institutional Aspects

\n\t\t\t		\n\t\t\t

Environmental Impact Assessment:
\n\t\t\tEnv. screening of the project
\n\t\t\tEnvironmental Impacts Overview – Anticipated env. impacts
\n\t\t\tEnvironmental Management plan – during Preconstruction, Construction and Operation phase
\n\t\t\tImplementation Arrangements as per BOQ – Responsibilities matrix and BOQ contents
\n\t\t\tInstitutional Arrangements – Monitoring committee (Environmental Management Cell)
\n\t\t\t Monitoring Mechanism – Env. Monitoring Plan
\n\t\t\tReporting System – Compliance management (Monthly, Quarterly and Half-yearly submissions)  - Contractor
\n\t\t\tEnvironmental Training -  Training needs and Capacity Building as per site specific requirements 

\n\t\t\t		\n\t\t\t

8

\n\t\t\t		\n\t\t\t

SPMU, DPMU, PMC,
\n\t\t\tTSC, PIU,

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Offline

\n\t\t\t		\n\t\t\t

217

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

            48

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

5

\n\t\t\t		\n\t\t\t

Experience Sharing on EMP Implementation

\n\t\t\t		\n\t\t\t

Experiences on implementation of EMF in implemented projects-
\n\t\t\tSession on Env. Safeguard implementation during various stage of project
\n\t\t\t1. Pre Construction,
\n\t\t\t2. Construction
\n\t\t\t3. Operation
\n\t\t\tIncorporating EHS in the bid documents
\n\t\t\tImplementation of  EMP at site
\n\t\t\tIncorporating EMP into Contract Documents
\n\t\t\tBest Practices-Site visits to project towns/sites-
\n\t\t\tModel projects and its Implementation strategies - site visit

\n\t\t\t		\n\t\t\t

5

\n\t\t\t		\n\t\t\t

SPMU, DPMUs, and
\n\t\t\tPIU / Local Body staff, PMCs, TSC/ CBO/ Contractors, al as applicable

\n\t\t\t		\n\t\t\t

Y2,.4,5

\n\t\t\t		\n\t\t\t

Offline

\n\t\t\t		\n\t\t\t

222

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

            30

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

6

\n\t\t\t		\n\t\t\t

Environmental Enhancement and Occupational Health and safety

\n\t\t\t		\n\t\t\t

Environmental Enhancement and Occupational Health and safety-
\n\t\t\t1. Construction safety
\n\t\t\t2. Behavior safety
\n\t\t\t3. Workers welfare and safety
\n\t\t\t4. Good Housekeeping practices
\n\t\t\t5. DMS - Disaster Management System
\n\t\t\t6.  Accident and incident reporting system
\n\t\t\tIncorporation of EHS in the bid documents, Calculation of estimates

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

SPMU, DPMUs, and
\n\t\t\tPIU / Local Body staff, PMCs, TSC/ CBO/  Contractors, al as applicable

\n\t\t\t		\n\t\t\t

Y2,.4,5

\n\t\t\t		\n\t\t\t

Offline

\n\t\t\t		\n\t\t\t

222

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

            24

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

7

\n\t\t\t		\n\t\t\t

Review of Audit Results

\n\t\t\t		\n\t\t\t

Results of the annual audit on EMF-
\n\t\t\t1. Evaluating the analytic reports and overall compliance response
\n\t\t\t2. Compliance monitoring system

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

SPMU, DPMUs, and
\n\t\t\tPIU / Local Body staff, PMCs, TSC/ CBO/  Contractors, al as applicable

\n\t\t\t		\n\t\t\t

Y2,.4,5

\n\t\t\t		\n\t\t\t

Offline

\n\t\t\t		\n\t\t\t

222

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

            18

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

8

\n\t\t\t		\n\t\t\t

Stakeholder Participation and Community Engagement - Not under the preview of Environment

\n\t\t\t		\n\t\t\t

Stakeholder Analysis-
\n\t\t\tEngagement of various Key stakeholder and assessment of KSWMP requirements

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

SPMU, DPMUs, and
\n\t\t\tPIU / Local Body staff, PMCs, TSC/ CBO/  Contractors, al as applicable

\n\t\t\t		\n\t\t\t

Y2,.4,5

\n\t\t\t		\n\t\t\t

Offline

\n\t\t\t		\n\t\t\t

222

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

            12

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

9

\n\t\t\t		\n\t\t\t

PPP Models Not under the preview of Environment

\n\t\t\t		\n\t\t\t

Review of working status and site visit - PPP model plants  of
\n\t\t\t1. Community Based Organizations,
\n\t\t\t2. Communities,
\n\t\t\t3. Individuals
\n\t\t\t4. Private parties
\n\t\t\t5. PIUs

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

SPMU, DPMUs, and
\n\t\t\tPIU / Local Body staff, PMCs, TSC/ CBO/  Contractors, al as applicable

\n\t\t\t		\n\t\t\t

Y2,.4,5

\n\t\t\t		\n\t\t\t

Offline

\n\t\t\t		\n\t\t\t

222

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

            24

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

TOTAL

\n\t\t\t		\n\t\t\t

       42.00

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

       40.00

\n\t\t\t		\n\t\t\t

                        20.00

\n\t\t\t		\n\t\t\t

     252.00

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

SOCIAL SAFEGUARD RELATED TRAININGS

\n\t\t\t
\n\t\t\t

Sl.No.

\n\t\t\t		\n\t\t\t

Module

\n\t\t\t		\n\t\t\t

Contents

\n\t\t\t		\n\t\t\t

Hours

\n\t\t\t		\n\t\t\t

Participants

\n\t\t\t		\n\t\t\t

Periodicity

\n\t\t\t		\n\t\t\t

Mode of training

\n\t\t\t		\n\t\t\t

No of participants

\n\t\t\t		\n\t\t\t

No of batches planned

\n\t\t\t		\n\t\t\t

Refresher batch

\n\t\t\t		\n\t\t\t

Total training hours

\n\t\t\t
\n\t\t\t

1

\n\t\t\t		\n\t\t\t

Role in Social Management Safeguards

\n\t\t\t		\n\t\t\t

Compliance TDF-SM, RPF Result Indicators -
\n\t\t\tStakeholder mapping and Citizen engagement.
\n\t\t\tStakeholder mapping and Citizen engagement.
\n\t\t\tRelevance of  SMF,TDF,RPF in KSWMP.
\n\t\t\tAssessment and management of Social risks
\n\t\t\tRFCTLARRA 2013 and its procedures
\n\t\t\tSocial Management Plan, Tribal Development Plan  Resettlement Action Plan, Labor management plan and Gender Action Plan 
\n\t\t\tSIA
\n\t\t\tThe Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights (ROFR) Act, 2006 and the Rules
\n\t\t\tThe Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989,

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

Project Steering Committee (Committee members), Suchitwa Mission and State Project Management Unit (Senior Staff)
\n\t\t\tDistrict Coordination Committee (Committee Members) District Project Management Unit (Senior Staff)

\n\t\t\t		\n\t\t\t

Year 1

\n\t\t\t		\n\t\t\t

Offline

\n\t\t\t		\n\t\t\t

26

\n\t\t\t		\n\t\t\t

1

\n\t\t\t		\n\t\t\t

0

\n\t\t\t		\n\t\t\t

                  4

\n\t\t\t
\n\t\t\t

2

\n\t\t\t		\n\t\t\t

Role clarity Safeguards compliance

\n\t\t\t		\n\t\t\t

TDF-SMF and RPF Result indicators -
\n\t\t\tEnvironment and Social Safeguards Monitoring and Reporting
\n\t\t\tSafeguards Information Management System (SGIMS)
\n\t\t\tQuarterly Social Safeguards Monitoring Reports
\n\t\t\tIndependent Safeguards Audit (ISA)
\n\t\t\tAnnual report of the social situation in the project districts
\n\t\t\tReviewing RAP.
\n\t\t\tSocial Management Baseline Data Compilation Scheme Cycle-
\n\t\t\tAnalysis and reporting of baseline data

\n\t\t\t		\n\t\t\t

8

\n\t\t\t		\n\t\t\t

State Level Environmental and Social
\n\t\t\tDevelopment Unit (Social Development
\n\t\t\tSpecialist, Gender Specialist, Communication
\n\t\t\tSpecialist, Capacity Development Manager)
\n\t\t\tDistrict Level Environmental and Social
\n\t\t\tDevelopment Unit (Social and Communication
\n\t\t\tExpert), Support Organization (Coordinator)
\n\t\t\tULB level Project Implementation Unit (identified Social Focal Point), TSC staff (Social and Communication experts), Support
\n\t\t\tOrganization (Deputed staff)

\n\t\t\t		\n\t\t\t

Year 1

\n\t\t\t		\n\t\t\t

Offline

\n\t\t\t		\n\t\t\t

120

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

0

\n\t\t\t		\n\t\t\t

                16

\n\t\t\t
\n\t\t\t

3

\n\t\t\t		\n\t\t\t

Social Assessment and Screening

\n\t\t\t		\n\t\t\t

Understanding Social Assessment and Screening, SIA, DPR (TDP, RFP)-
\n\t\t\tWhat is  meant by social assessment  /screening related to sub projects.                                                              
\n\t\t\t World Bank policies related to   screening/assessment                                                             Components for assessment/screening,                                                            Concept and Components of  SMF/TDF/RPF, DPR                                            Benefits to community - positive and negatives                                       Mitigation measures for anticipated negative impacts    Disclosure of the assessment report     , accepted patterns in practice. Need of documentation  and disclosure

\n\t\t\t		\n\t\t\t

8

\n\t\t\t		\n\t\t\t

District Level Environmental and Social Development Unit (Social and Communication Expert), Support Organization (Coordinator) ULB level Project Implementation Unit (identified Social Focal Pont), TSC staff (Social and Communication experts), Support Organization (Deputed staff)

\n\t\t\t		\n\t\t\t

Year 1

\n\t\t\t		\n\t\t\t

offline

\n\t\t\t		\n\t\t\t

120

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

0

\n\t\t\t		\n\t\t\t

                16

\n\t\t\t
\n\t\t\t

4

\n\t\t\t		\n\t\t\t

Social database and inclusive planning

\n\t\t\t		\n\t\t\t

Importance of Social Baseline database and Social Indicators Use of data for developing inclusive plans-What is a database, parameters to be included in any data base,                                                                    
\n\t\t\tusefulness for planning, policy making, intervention  plans                                                                                      Need of inclusiveness    and comprehension                                                         Need and introduction  of IT based/ digital  portal                                              Participation of representatives in planning and decision making ( inclusive)    - information sharing regarding projects                                                   
\n\t\t\tInclusion of Vulnerable people                                                                             

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

State Level Environmental and Social Development Unit (Social Development Specialist, Gender Specialist, Communication Specialist, MIS team) District Level Environmental and Social Development Unit (Social and Communication Expert)

\n\t\t\t		\n\t\t\t

Year 1

\n\t\t\t		\n\t\t\t

Offline

\n\t\t\t		\n\t\t\t

115

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

0

\n\t\t\t		\n\t\t\t

                  8

\n\t\t\t
\n\t\t\t

5

\n\t\t\t		\n\t\t\t

Participatory approaches, social management

\n\t\t\t		\n\t\t\t

Participatory Approaches and Social management Principles-
\n\t\t\tConcepts of participatory approaches -
\n\t\t\tPrinciples of participatory approaches
\n\t\t\tWorld bank aided projects and participation
\n\t\t\tStakeholder engagement and consultation
\n\t\t\tSocial management and development
\n\t\t\tParticipation of representatives in planning and decision making
\n\t\t\tDevelopment of SWM plan along with  social safeguards
\n\t\t\tProject planning – Work Breakdown Structure (WBS), project scheduling,
\n\t\t\tDifferent case studies (international )
\n\t\t\tRisk Management

\n\t\t\t		\n\t\t\t

8

\n\t\t\t		\n\t\t\t

State Level Environmental and Social
\n\t\t\tDevelopment Unit (Social Development
\n\t\t\tSpecialist, Gender Specialist, Communication
\n\t\t\tSpecialist, Capacity Development Manager)
\n\t\t\tDistrict Level Environmental and Social
\n\t\t\tDevelopment Unit (Social and
\n\t\t\tCommunication
\n\t\t\tExpert), Support Organization (Coordinator)

\n\t\t\t		\n\t\t\t

Year 1

\n\t\t\t		\n\t\t\t

Offline

\n\t\t\t		\n\t\t\t

22

\n\t\t\t		\n\t\t\t

1

\n\t\t\t		\n\t\t\t

0

\n\t\t\t		\n\t\t\t

                  8

\n\t\t\t
\n\t\t\t

6

\n\t\t\t		\n\t\t\t

Participatory and inclusive planning

\n\t\t\t		\n\t\t\t

Social Mobilization, Facilitating Participatory Planning,
\n\t\t\tinclusion of marginal and women’s voices in the plan-
\n\t\t\tWhat is participatory planning
\n\t\t\tScope and need of participatory planning  in the project
\n\t\t\tInclusion of vulnerable people in  KSWMP project
\n\t\t\tInstitutional roles of downstream agencies and devolution of powers
\n\t\t\tMeasuring Vulnerable participation and impact
\n\t\t\tFacilitation and  Participatory Planning,
\n\t\t\tTraining for Gender development plan preparation

\n\t\t\t		\n\t\t\t

8

\n\t\t\t		\n\t\t\t

ULB level Project Implementation Unit (identified Social Focal Point), TSC staff (Social and Communication experts), Support Organization (Deputed staff) Select Ward Members

\n\t\t\t		\n\t\t\t

Year 1

\n\t\t\t		\n\t\t\t

Offline

\n\t\t\t		\n\t\t\t

125

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

0

\n\t\t\t		\n\t\t\t

                24

\n\t\t\t
\n\t\t\t

7

\n\t\t\t		\n\t\t\t

Toolkit development (Participatory planning, social Inclusion, Gender, Social Audit etc.)

\n\t\t\t		\n\t\t\t

Toolkit development (Participatory planning, social Inclusion, Gender, Social Audit etc.)-Different strategies in participatory planning 
\n\t\t\tDecision-Making process,
\n\t\t\tImportance of vulnerable inclusion
\n\t\t\tRole of different stakeholders  in project planning Inclusion of vulnerable people and livelihood improvement.
\n\t\t\tGender Mainstreaming, Orientation on GBV
\n\t\t\tMethods to be adopted for gender mainstreaming Identify the issues
\n\t\t\tNeed and importance of social auditing

\n\t\t\t		\n\t\t\t

8

\n\t\t\t		\n\t\t\t

State Level Environmental and Social Development Unit (Social Development Specialist, Gender Specialist, Communication Specialist, Capacity Development Manager)

\n\t\t\t		\n\t\t\t

Year 1

\n\t\t\t		\n\t\t\t

Offline

\n\t\t\t		\n\t\t\t

22

\n\t\t\t		\n\t\t\t

1

\n\t\t\t		\n\t\t\t

0

\n\t\t\t		\n\t\t\t

                  8

\n\t\t\t
\n\t\t\t

8

\n\t\t\t		\n\t\t\t

Citizen feedback social audit

\n\t\t\t		\n\t\t\t

 Facilitating Citizen Feedback, Social Audit-
\n\t\t\tMeaningful citizen Engagement
\n\t\t\tDigital citizen
\n\t\t\tSocial Media based Feed back
\n\t\t\tGeneral Principals of Social Audit
\n\t\t\tBenefits of SA
\n\t\t\tProcedure for Conduct of Social Audit
\n\t\t\tSetting up of Social Audit Committee
\n\t\t\tImpact of SA
\n\t\t\tChallenges

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

District Level Environmental and Social
\n\t\t\tDevelopment Unit (Social and Communication
\n\t\t\tExpert), Support Organization (Coordinator)

\n\t\t\t		\n\t\t\t

Year 2

\n\t\t\t		\n\t\t\t

offline

\n\t\t\t		\n\t\t\t

22

\n\t\t\t		\n\t\t\t

1

\n\t\t\t		\n\t\t\t

0

\n\t\t\t		\n\t\t\t

                  4

\n\t\t\t
\n\t\t\t

9

\n\t\t\t		\n\t\t\t

Outcome monitoring

\n\t\t\t		\n\t\t\t

Understanding Outcome Monitoring and Reporting (Review of Social Management database, Activity Reports) Documentation-
\n\t\t\tWHY Monitor and Evaluate?
\n\t\t\tPurpose of Monitoring
\n\t\t\tPrinciples of Evaluation
\n\t\t\tStages in Evaluation
\n\t\t\tMeasuring Vulnerable participation and impact
\n\t\t\tLogical Framework
\n\t\t\tSetting up of Indicators

\n\t\t\t		\n\t\t\t

16

\n\t\t\t		\n\t\t\t

District Level Environmental and Social Development Unit (Social and Communication Expert), Support Organization (Coordinator) State Level Environmental and Social Development Unit (Social Development Specialist, Gender Specialist, Communication Specialist, Capacity Development Manager) District Level Environmental and Social Development Unit (Social and Communication Expert), Support Organization (Coordinator) ULB level Project Implementation Unit (identified Social Focal Point), TSC staff (Social and Communication experts), Support
\n\t\t\tOrganization (Deputed staff)

\n\t\t\t		\n\t\t\t

Year 2

\n\t\t\t		\n\t\t\t

Offline

\n\t\t\t		\n\t\t\t

115

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

0

\n\t\t\t		\n\t\t\t

                32

\n\t\t\t
\n\t\t\t

10

\n\t\t\t		\n\t\t\t

Leadership development and conflict resolution

\n\t\t\t		\n\t\t\t

Leadership development, decision making, conflict
\n\t\t\tresolution-
\n\t\t\tTypes of Leadership
\n\t\t\tDecision-Making process,
\n\t\t\tDefine the problem, Gather information and resources, List of options ,Weigh and compare option s
\n\t\t\tWhat is conflict
\n\t\t\tWhat does work and doesn’t?
\n\t\t\tPreparation to address the conflict
\n\t\t\tIdentify the issues
\n\t\t\tEvaluate alternative solution

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

ULB level Project Implementation Unit (identified Social Focal Point), TSC staff (Social and Communication experts), Support Organization (Deputed staff),Select Ward Members, Select SWM workers

\n\t\t\t		\n\t\t\t

Y1 and 2

\n\t\t\t		\n\t\t\t

Two day
\n\t\t\tTraining
\n\t\t\tWorkshop

\n\t\t\t		\n\t\t\t

115

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

1

\n\t\t\t		\n\t\t\t

                12

\n\t\t\t
\n\t\t\t

11

\n\t\t\t		\n\t\t\t

Gender Mainstreaming

\n\t\t\t		\n\t\t\t

Gender Mainstreaming and Orientation on GBV (Project Gender Action Plan and GBV Action Plan)-
\n\t\t\tFormation of Internal Complaints Committee
\n\t\t\tMapping of Hotspots, mapping existing GBV service providers
\n\t\t\tFacilitating GBV awareness and sensitization programs
\n\t\t\tAugmenting GBV response, and support mechanisms
\n\t\t\tSkill enhancement of women SWM Workers.
\n\t\t\tCapacity building program for entrepreneurial development.
\n\t\t\tEquality in terms of labor, wages, benefits and opportunities.
\n\t\t\tSafety and security challenges facing women in the SWM sector
\n\t\t\tVulnerability of formal women workers of Sexual Harassment at workplace
\n\t\t\tGBV awareness sensitization programmed
\n\t\t\tReporting, monitoring and review

\n\t\t\t		\n\t\t\t

8

\n\t\t\t		\n\t\t\t

State Level Environmental and Social Development Unit (Social Development Specialist, Gender Specialist, Communication Specialist, Capacity Development Manager) District Level Environmental and Social
\n\t\t\tDevelopment Unit (Social and Communication Expert), Support Organization (Coordinator) ULB level Project Implementation Unit (identified Social Focal Point), TSC staff (Social and Communication experts), Support Organization (Deputed staff), Select Ward Members, Select SWM workers All Contracted Agencies and staff (State level
\n\t\t\tPMC, District level TSA, ULB level Contracted Agencies for SWM services, Construction and O&M)

\n\t\t\t		\n\t\t\t

Y1 and 2

\n\t\t\t		\n\t\t\t

offline

\n\t\t\t		\n\t\t\t

115

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

1

\n\t\t\t		\n\t\t\t

                24

\n\t\t\t
\n\t\t\t

12

\n\t\t\t		\n\t\t\t

Labour Compliance

\n\t\t\t		\n\t\t\t

Social objectives of the Program, Labour Compliances-
\n\t\t\tNeed and importance of Labour compliance in World Bank funded projects                                                        Statutory  Labour compliance  need- policy  and laws (central and state)                                                         Laws related to the sub projects in tune with Labour- Statutory - mandatory  compliances, optional compliances.     Exposure visit to show cased sites                                                                          Remedy available during Non compliance, Verifiable indicators                                                                                 
\n\t\t\tOpen forum with A Labour Welfare Officer of Labour Department

\n\t\t\t		\n\t\t\t

8

\n\t\t\t		\n\t\t\t

All Contracted Agencies and staff (State level
\n\t\t\tPMC, District level TSA, ULB level Contracted
\n\t\t\tAgencies for SWM services, Construction
\n\t\t\tand O&M)

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Offline

\n\t\t\t		\n\t\t\t

115

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

0

\n\t\t\t		\n\t\t\t

                16

\n\t\t\t
\n\t\t\t

13

\n\t\t\t		\n\t\t\t

Entrepreneurship Development

\n\t\t\t		\n\t\t\t

Entrepreneurship Development and other skill building-
\n\t\t\tWhy Entrepreneurship Development in KSWMP
\n\t\t\tEntrepreneurship Development and other skill building
\n\t\t\tSkill enhancement of women SWM Workers.
\n\t\t\tLivelihood Action Plan for adversely affected people
\n\t\t\tInclusion of SC/ST in the SWM sector  and livelihood improvement.
\n\t\t\tLivelihood action plan preparation

\n\t\t\t		\n\t\t\t

8

\n\t\t\t		\n\t\t\t

SWM Workers

\n\t\t\t		\n\t\t\t

TBD

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

115

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

0

\n\t\t\t		\n\t\t\t

                16

\n\t\t\t
\n\t\t\t

14

\n\t\t\t		\n\t\t\t

GRM Review

\n\t\t\t		\n\t\t\t

Completing the Feedback loop (Review Grievances Redressal Mechanisms- including GBV and Labour)-
\n\t\t\tPrinciple of GRM
\n\t\t\tSteps in setting up a basic GRM
\n\t\t\tGRM value chain
\n\t\t\tGRM Do s and Don’ts
\n\t\t\tChallenges in GRM
\n\t\t\tDocumentation

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

State Level Environmental and Social
\n\t\t\tDevelopment Unit (Social Development
\n\t\t\tSpecialist, Gender Specialist, Communication
\n\t\t\tSpecialist, Capacity Development Manager)
\n\t\t\tDistrict Level Environmental and Social
\n\t\t\tDevelopment Unit (Social and
\n\t\t\tCommunication
\n\t\t\tExpert), Support Organization (Coordinator)

\n\t\t\t		\n\t\t\t

Year 2

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

20

\n\t\t\t		\n\t\t\t

1

\n\t\t\t		\n\t\t\t

0

\n\t\t\t		\n\t\t\t

                  4

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

TOTAL

\n\t\t\t		\n\t\t\t

100

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

             24

\n\t\t\t		\n\t\t\t

               2

\n\t\t\t		\n\t\t\t

             192

\n\t\t\t
\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

SWM SECTOR SPECIFIC TRAININGS

\n\t\t\t
\n\t\t\t

Sl.No.

\n\t\t\t		\n\t\t\t

Module

\n\t\t\t		\n\t\t\t

Contents

\n\t\t\t		\n\t\t\t

Hours

\n\t\t\t		\n\t\t\t

Participants

\n\t\t\t		\n\t\t\t

Periodicity

\n\t\t\t		\n\t\t\t

Mode of training

\n\t\t\t		\n\t\t\t

No of participants

\n\t\t\t		\n\t\t\t

No of batches planned

\n\t\t\t		\n\t\t\t

Refresher batch

\n\t\t\t		\n\t\t\t

Total training hours

\n\t\t\t
\n\t\t\t

1

\n\t\t\t		\n\t\t\t

SWM Legislation/Rules and Regulations

\n\t\t\t		\n\t\t\t

•National & State Rules
\n\t\t\t   State Govt.policies /strategies-
\n\t\t\t• Approach and Strategy for SWM in Kerala
\n\t\t\t•Preparation of guidelines-
\n\t\t\tGuidelines -MoEF, SBM, SWM Manual 2016
\n\t\t\tPreparation of Bylaws-
\n\t\t\t•As per SWM Rules 2016 & State policies, Model Bylaws adaption
\n\t\t\t• Preparation of SOPs

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

LSGD, SM, SPMU, DPMU and ULB,PMC and TSC

\n\t\t\t		\n\t\t\t

Year 0-1 /Continuous

\n\t\t\t		\n\t\t\t

Online

\n\t\t\t		\n\t\t\t

305

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

             24

\n\t\t\t
\n\t\t\t

2

\n\t\t\t		\n\t\t\t

SWM Planning**

\n\t\t\t		\n\t\t\t

 Preparation of integrated SWM plan in ULB Level-
\n\t\t\t•Data Collection & analysis

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

LSGD, SM, SPMU, DPMU and ULB,PMC and TSC

\n\t\t\t		\n\t\t\t

Year 0-2 /Continuous

\n\t\t\t		\n\t\t\t

Online

\n\t\t\t		\n\t\t\t

305

\n\t\t\t		\n\t\t\t

6

\n\t\t\t		\n\t\t\t

                        3

\n\t\t\t		\n\t\t\t

             36

\n\t\t\t
\n\t\t\t

Goals & Objectives
\n\t\t\t•Understanding the issues & deficiencies in the existing system,

\n\t\t\t
\n\t\t\t

Planning horizon
\n\t\t\t•SWM Service delivery - Benchmarking

\n\t\t\t
\n\t\t\t

Function elements and value chain approach in SWM Planning-
\n\t\t\t•Functional elements & Value chain approach

\n\t\t\t
\n\t\t\t

5 Year annual plans and priorities
\n\t\t\t•SWM hierarchy - Most preferred- Least preferred -
\n\t\t\t•Treatment of organic waste
\n\t\t\t•Collection , segregation & recycling of NBD waste
\n\t\t\t•Sanitary  Landfill.
\n\t\t\t•Stake holder involvement in Planning process
\n\t\t\t•Informal sector activities
\n\t\t\t•Forward linkage and Cost recovery
\n\t\t\t• Steps  for SWM Planning (MSW Manual 2016)-
\n\t\t\t1.Data collection, Quantification and characterisation
\n\t\t\t2.Estimation of waste generation projections,
\n\t\t\t3.Waste reaching municipal stream -
\n\t\t\t4.Gap identification and rectifications,
\n\t\t\t5.Land requirements, identification,
\n\t\t\t6.Street sweeping & drain cleaning,
\n\t\t\t7.Five year annual plans & projects,
\n\t\t\t8.Schedule for implementation
\n\t\t\t9.Operation and Maintenance

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

LSGD, SM, SPMU, DPMU and ULB,PMC and TSC

\n\t\t\t		\n\t\t\t

Year 0-1 /Continuous

\n\t\t\t		\n\t\t\t

Online

\n\t\t\t		\n\t\t\t

305

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

             24

\n\t\t\t
\n\t\t\t

3

\n\t\t\t		\n\t\t\t

Project Planning

\n\t\t\t		\n\t\t\t

Climate Resilience and Disaster Management in SWM -
\n\t\t\tClimate related challenges in Kerala (Flood prone coastal belt, high land)
\n\t\t\tFire Safety on waste sites -
\n\t\t\tFire & safety measures - guidelines
\n\t\t\tSite Selection (All sub & Regional Projects)-
\n\t\t\tSite selection criteria complains with SWM Rules 2016 & MoEF guidelines
\n\t\t\t•Adequacy of the site
\n\t\t\t• Project Costing
\n\t\t\t• Fund Utilization
\n\t\t\t• Project Design Requirements

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

Kerala State Disaster Management Authority(KSDMA), SM, DOECC, SPMU,DPMU & ULB

\n\t\t\t		\n\t\t\t

Year 0-2 /Continuous

\n\t\t\t		\n\t\t\t

Online

\n\t\t\t		\n\t\t\t

307

\n\t\t\t		\n\t\t\t

6

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

             27

\n\t\t\t
\n\t\t\t

4

\n\t\t\t		\n\t\t\t

Monitoring and Evaluation

\n\t\t\t		\n\t\t\t

• User Charge Regulations
\n\t\t\tWaste Audit -
\n\t\t\t•Waste generation, local level recycling, reuse, processing and Residual waste
\n\t\t\t• Project Progress and Fund Monitoring
\n\t\t\t• Compliances monitoring

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

LSGD, SM, SPMU, DPMU and ULB,PMC and TSC

\n\t\t\t		\n\t\t\t

Year 0-2 /Continuous

\n\t\t\t		\n\t\t\t

Online

\n\t\t\t		\n\t\t\t

305

\n\t\t\t		\n\t\t\t

6

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

             27

\n\t\t\t
\n\t\t\t

5

\n\t\t\t		\n\t\t\t

Subject Know How- Solid Waste Management·

\n\t\t\t		\n\t\t\t

Solid waste - Types and Composition-
\n\t\t\t•BDW, NBDW, Domestic Hazardous, Domestic Bio medical waste including sanitary waste

\n\t\t\t		\n\t\t\t

1

\n\t\t\t		\n\t\t\t

LSGD, SM, SPMU, DPMU and ULB,PMC and TSC

\n\t\t\t		\n\t\t\t

Continuous

\n\t\t\t		\n\t\t\t

Blended learning

\n\t\t\t		\n\t\t\t

305

\n\t\t\t		\n\t\t\t

6

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

9

\n\t\t\t
\n\t\t\t

Waste Reduction and Reuse-
\n\t\t\t1. Waste Reduction
\n\t\t\t•Current waste reduction practices if any
\n\t\t\t•Current source segregation level
\n\t\t\t•Challenges in source segregation
\n\t\t\t2. Reuse of Waste
\n\t\t\t•Drop off centers (reuse centers)/swap shops
\n\t\t\t•Circular economy
\n\t\t\t•Plan for alternative productive use of C&D waste
\n\t\t\t•Zero waste concept
\n\t\t\t•Up cycling and down cycling

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

LSGD, SM, SPMU, DPMU and ULB,PMC and TSC

\n\t\t\t		\n\t\t\t

Year 0-2 /Continuous

\n\t\t\t		\n\t\t\t

Online

\n\t\t\t		\n\t\t\t

305

\n\t\t\t		\n\t\t\t

6

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

             18

\n\t\t\t
\n\t\t\t

Techniques for safe collection, handling and storage-
\n\t\t\t•Segregations & storage at source – Bio degradable/NBD waste/domestic hazardous /sanitary waste
\n\t\t\t•Storage bins & containers – appropriate size, material – Manual /mechanical loading bins /compatibility with collection vehicles
\n\t\t\t•Primary collection vehicles: manual /mechanical, frequencies of collection
\n\t\t\t•Transfer of waste from primary to secondary transportation system
\n\t\t\t• Techniques for scientific Transportation

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

LSGD, SM, SPMU, DPMU and ULB,PMC and TSC

\n\t\t\t		\n\t\t\t

Year 0-2 /Continuous

\n\t\t\t		\n\t\t\t

Online

\n\t\t\t		\n\t\t\t

305

\n\t\t\t		\n\t\t\t

6

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

             18

\n\t\t\t
\n\t\t\t

 Street sweeping & drain cleaning-
\n\t\t\t• Preparation of schedule as per SWM Manual 2016 and local requirements.
\n\t\t\tTools, vehicles & Equipment's
\n\t\t\tC&T and disposal of drain cleaning silts

\n\t\t\t		\n\t\t\t

1

\n\t\t\t		\n\t\t\t

SM, SPMU and ULB staff

\n\t\t\t		\n\t\t\t

Year 0-2 /Continuous

\n\t\t\t		\n\t\t\t

Online

\n\t\t\t		\n\t\t\t

301

\n\t\t\t		\n\t\t\t

6

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

               9

\n\t\t\t
\n\t\t\t

Technologies for SWM :  Product recovery and recycling-
\n\t\t\t•Collection system: Primary /secondary, MCF as temporary storage/drop off   facility
\n\t\t\t•MRF: types of facility (Manual Automated MRF
\n\t\t\tSemi Automated MRF
\n\t\t\tAutomated MRF) Segregation systems – non recyclable combustible – RDF
\n\t\t\t•Recycling at central facility (Regional level): Plastic recycling – PET , HPPE/LDPE /glass shredding etc
\n\t\t\t•Marketing of Recycled Products

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

LSGD, SM, SPMU, DPMU and ULB,PMC and TSC

\n\t\t\t		\n\t\t\t

Year 0-2 /Continuous

\n\t\t\t		\n\t\t\t

Online

\n\t\t\t		\n\t\t\t

305

\n\t\t\t		\n\t\t\t

6

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

             27

\n\t\t\t
\n\t\t\t

Technologies for treatment ,processing - Bio conversion, thermal conversion-
\n\t\t\t•Appropriate technologies suitable to Kerala situation (Climate – heavy rain fall, flooding, land slide issues, rural urban continuum, scarcity of land) – least land requirement, environmentally /socially acceptable, low CHG emissions, ensured end product market, least rejects
\n\t\t\t•Existing & Potential technologies – Bio-conversion (ASP, in vessel composting, Bio-CNG ,) , Thermal conversion – Incineration, gasification , pyrolysis 
\n\t\t\t•Decentralized community level, ULB level & Regional level
\n\t\t\t•Compost leachate management / Bio methanation – digestrate management

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

LSGD, SM, SPMU, DPMU and ULB,PMC and TSC

\n\t\t\t		\n\t\t\t

Year 0-2 /Continuous

\n\t\t\t		\n\t\t\t

Online

\n\t\t\t		\n\t\t\t

305

\n\t\t\t		\n\t\t\t

6

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

             36

\n\t\t\t
\n\t\t\t

Landfill Management-
\n\t\t\t•Crude dumping Vs Sanitary landfill
\n\t\t\t•Site selection criteria  as per existing Rules
\n\t\t\t•Sanitary landfill design
\n\t\t\t•Construction of a sanitary landfill
\n\t\t\t•Sanitary landfill operation
\n\t\t\t•Closure and post-closure plan

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

LSGD, SM, SPMU, DPMU and ULB,PMC and TSC

\n\t\t\t		\n\t\t\t

Year 0-2 /Continuous

\n\t\t\t		\n\t\t\t

Online

\n\t\t\t		\n\t\t\t

305

\n\t\t\t		\n\t\t\t

6

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

             18

\n\t\t\t
\n\t\t\t

Bioremediation and Bio mining practices-
\n\t\t\t•Methods of Bioremediations
\n\t\t\t•Equipment's Used for Bio remediations
\n\t\t\t•Safe disposal of bio-mined products

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

LSGD, SM, SPMU, DPMU and ULB,PMC and TSC

\n\t\t\t		\n\t\t\t

Year 0-2 /Continuous

\n\t\t\t		\n\t\t\t

Online

\n\t\t\t		\n\t\t\t

305

\n\t\t\t		\n\t\t\t

6

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

             18

\n\t\t\t
\n\t\t\t

Operation & Maintenance of SWM systems-
\n\t\t\t•Preparation of Standard Operating Procedures
\n\t\t\t•Preventive annual & periodic maintenance of vehicles,  equipment's and structures

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

LSGD, SM, SPMU, DPMU and ULB,PMC and TSC

\n\t\t\t		\n\t\t\t

Year 0-2 /Continuous

\n\t\t\t		\n\t\t\t

Online

\n\t\t\t		\n\t\t\t

305

\n\t\t\t		\n\t\t\t

6

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

             18

\n\t\t\t
\n\t\t\t

Domestic Hazardous waste management-
\n\t\t\t•Collection, storage & disposal as per SWM rules 2016 & MoEF guidelines

\n\t\t\t		\n\t\t\t

1

\n\t\t\t		\n\t\t\t

LSGD, SM, SPMU, DPMU and ULB,PMC and TSC

\n\t\t\t		\n\t\t\t

Year 0-2 /Continuous

\n\t\t\t		\n\t\t\t

Online

\n\t\t\t		\n\t\t\t

305

\n\t\t\t		\n\t\t\t

6

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

               9

\n\t\t\t
\n\t\t\t

 Bio medical waste management -
\n\t\t\t•Rules and Guidelines as per Bio-medical Waste Management 2016
\n\t\t\t•Generation of biomedical waste, existing facilities and Gap
\n\t\t\t•Identification of suitable technology
\n\t\t\t•Identification of suitable location
\n\t\t\t•Guidelines for Storage & Transportation.

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

LSGD, SM, SPMU, DPMU and ULB,PMC and TSC

\n\t\t\t		\n\t\t\t

Year 0-2 /Continuous

\n\t\t\t		\n\t\t\t

Online

\n\t\t\t		\n\t\t\t

305

\n\t\t\t		\n\t\t\t

6

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

             18

\n\t\t\t
\n\t\t\t

Sustainable waste management practices-
\n\t\t\t•Appropriate technology, environmental & social acceptance
\n\t\t\t•Financial viability
\n\t\t\t•Forward & Backward linkage

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

LSGD, SM, SPMU, DPMU and ULB,PMC and TSC

\n\t\t\t		\n\t\t\t

Year 0-2 /Continuous

\n\t\t\t		\n\t\t\t

Online

\n\t\t\t		\n\t\t\t

305

\n\t\t\t		\n\t\t\t

6

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

             18

\n\t\t\t
\n\t\t\t

Latest Technologies in SWM-
\n\t\t\t•Innovative Technologies
\n\t\t\t•Household level - Bio methanation,
\n\t\t\t•Community level - Bio methanation to power to grid, •composting (ASP, in-vessel composting)
\n\t\t\t•Centralized/ Regional level - Bio-CNG, WtE
\n\t\t\t•Other Innovative Technologies in SWM

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

LSGD, SM, SPMU, DPMU and ULB,PMC and TSC

\n\t\t\t		\n\t\t\t

Year 0-2 /Continuous

\n\t\t\t		\n\t\t\t

Online

\n\t\t\t		\n\t\t\t

305

\n\t\t\t		\n\t\t\t

6

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

             36

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

TOTAL

\n\t\t\t		\n\t\t\t

       46.00

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

           102

\n\t\t\t		\n\t\t\t

                      54

\n\t\t\t		\n\t\t\t

           390

\n\t\t\t
\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

ULB LEVEL TRAININGS

\n\t\t\t
\n\t\t\t

Sl.No.

\n\t\t\t		\n\t\t\t

Module

\n\t\t\t		\n\t\t\t

Content

\n\t\t\t		\n\t\t\t

Hours

\n\t\t\t		\n\t\t\t

Participants

\n\t\t\t		\n\t\t\t

Periodicity

\n\t\t\t		\n\t\t\t

Mode of training

\n\t\t\t		\n\t\t\t

No of participants

\n\t\t\t		\n\t\t\t

No of batches planned

\n\t\t\t		\n\t\t\t

Refresher batch

\n\t\t\t		\n\t\t\t

Total training hours

\n\t\t\t
\n\t\t\t

1

\n\t\t\t		\n\t\t\t

Project Planning

\n\t\t\t		\n\t\t\t

• Project planning and scheduling
\n\t\t\t• Resource Planning

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

ULB PIU

\n\t\t\t		\n\t\t\t

Year 2-6 /Continuous

\n\t\t\t		\n\t\t\t

Online

\n\t\t\t		\n\t\t\t

100

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

                                       20

\n\t\t\t
\n\t\t\t

2

\n\t\t\t		\n\t\t\t

Project Implementation

\n\t\t\t		\n\t\t\t

• Field Level Implementation
\n\t\t\t• Monitoring field activities
\n\t\t\t• On site supervision

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

ULB PIU, Municipal
\n\t\t\tSecretary

\n\t\t\t		\n\t\t\t

Year 2-6 /Continuous

\n\t\t\t		\n\t\t\t

Online

\n\t\t\t		\n\t\t\t

186

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

                                       28

\n\t\t\t
\n\t\t\t

3

\n\t\t\t		\n\t\t\t

Work Management

\n\t\t\t		\n\t\t\t

• Management of field staff
\n\t\t\t• Audit of SWM practices
\n\t\t\t• Monitoring and Supervision including Service Level Benchmarks (SLB)
\n\t\t\t• Use of MIS tools for M&E
\n\t\t\t• Health Safety and Environment
\n\t\t\t• Project related IT systems

\n\t\t\t		\n\t\t\t

8

\n\t\t\t		\n\t\t\t

PIU technical support staff

\n\t\t\t		\n\t\t\t

Year 2-6 /Continuous

\n\t\t\t		\n\t\t\t

Online

\n\t\t\t		\n\t\t\t

186

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

                                       56

\n\t\t\t
\n\t\t\t

4

\n\t\t\t		\n\t\t\t

TOT for Trainings for collection staff

\n\t\t\t		\n\t\t\t

• Types of waste specifically NBDW such as plastic
\n\t\t\t• D2D collection
\n\t\t\t• Waste segregation
\n\t\t\t• Time management
\n\t\t\t• Use of personal protection equipment(PPE)
\n\t\t\t• Coordination with ULBs
\n\t\t\t• Documentation
\n\t\t\t• User fee collection
\n\t\t\t• Monthly audit of SWM practices
\n\t\t\t• Quantification of waste
\n\t\t\t• Process design
\n\t\t\t• Operations & Maintenance
\n\t\t\t• Fire hazards & other disaster prevention
\n\t\t\t• HSE/safe facility maintenance and response
\n\t\t\t• Use of PPE
\n\t\t\t• Management of C&T workers
\n\t\t\t• Motivation skills
\n\t\t\t• Rules and regulations

\n\t\t\t		\n\t\t\t

16

\n\t\t\t		\n\t\t\t

Engineers who will handle training for ULB level collection staff

\n\t\t\t		\n\t\t\t

Year 2-6 /Continuous

\n\t\t\t		\n\t\t\t

Classroom
\n\t\t\ttraining

\n\t\t\t		\n\t\t\t

100

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

1

\n\t\t\t		\n\t\t\t

48

\n\t\t\t
\n\t\t\t

5

\n\t\t\t		\n\t\t\t

Trainings for staff at processing plant/RRFs/MCFs etc.

\n\t\t\t		\n\t\t\t

• Quantification of waste received
\n\t\t\t• Analysis of waste received
\n\t\t\t • Process design
\n\t\t\t • O&M of plant machinery
\n\t\t\t• Disposal of waste
\n\t\t\t•Fire, health, safety and environment

\n\t\t\t		\n\t\t\t

8

\n\t\t\t		\n\t\t\t

Staff at SWM
\n\t\t\tplants/RRFS/MCFs
\n\t\t\tetc.

\n\t\t\t		\n\t\t\t

Year 2-6 /Continuous

\n\t\t\t		\n\t\t\t

Classroom
\n\t\t\ttraining,
\n\t\t\texposure visits

\n\t\t\t		\n\t\t\t

2790

\n\t\t\t		\n\t\t\t

56

\n\t\t\t		\n\t\t\t

18

\n\t\t\t		\n\t\t\t

                                    592

\n\t\t\t
\n\t\t\t

6

\n\t\t\t		\n\t\t\t

TOT for ULB staff

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

30

\n\t\t\t		\n\t\t\t

ULB Staff

\n\t\t\t		\n\t\t\t

Year-2

\n\t\t\t		\n\t\t\t

Classroom
\n\t\t\ttraining

\n\t\t\t		\n\t\t\t

60

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

0

\n\t\t\t		\n\t\t\t

                                       60

\n\t\t\t
\n\t\t\t

7

\n\t\t\t		\n\t\t\t

Trainings for transportation staff

\n\t\t\t		\n\t\t\t

• Safe transportation
\n\t\t\t• Synchronization between collection and transportation
\n\t\t\t• Maintenance of vehicles
\n\t\t\t• Safe practices
\n\t\t\t• Vehicle routing, geographic information system (GIS)/GPS
\n\t\t\t• Transportation of segregated waste

\n\t\t\t		\n\t\t\t

8

\n\t\t\t		\n\t\t\t

Transportation staff

\n\t\t\t		\n\t\t\t

Year 2-6 /Continuous

\n\t\t\t		\n\t\t\t

Classroom
\n\t\t\ttraining

\n\t\t\t		\n\t\t\t

2790

\n\t\t\t		\n\t\t\t

56

\n\t\t\t		\n\t\t\t

18

\n\t\t\t		\n\t\t\t

                                    592

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

TOTAL

\n\t\t\t		\n\t\t\t

       78.00

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

             68

\n\t\t\t		\n\t\t\t

             28

\n\t\t\t		\n\t\t\t

                                 1,396

\n\t\t\t
\n\n

 

\n\n

 

\n\n

 

\n\n

Annexure 2

\n\n

Terms of Reference of Lead Agency

\n\n

(For Reference Purpose Only)

\n\n

for

\n\n

Conducting Training Needs Assessment (TNA) and Delivery of Training Programmes

\n\n

for

\n\n

Kerala Solid Waste Management Project (KSWMP)

\n\n
    \n\t
  1. Background of the Project
    2. \n
\n\n

The Project Development Objective (PDO) for the Kerala Solid Waste Management Project (KSWMP) is to strengthen the institutional and service delivery systems for Municipal Solid Waste Management (SWM) in Kerala. The project adopts an integrated service delivery value chain approach to address the key institutional, financial, service delivery and infrastructure constraints in the SWM System in Kerala. The proposed projects of KSWMP will support the 93 ULBs and the project design comprises three components

\n\n

 

\n\n

Component 1: Institutional development, capacity building and project management

\n\n

The component will provide technical assistance and capacity building at state and local levels for (a) undertaking SWM institutional, financial and policy reforms; (b) planning, designing and implementing investment sub-projects for climate smart and disaster resilient SWM infrastructure and service-provision improvements; (c) organizational development of participating ULBs for inclusive and sustainable SWM service delivery; and (d) awareness generation, gender inclusion and stakeholder engagement. This component will also provide project management, coordination and monitoring support at state, district and local levels. Lastly, this component will provide technical support to LSGD, SPMU and participating ULBs for (i) developing guidelines and systems for COVID-19 related waste management, sanitization and public hygiene practices to be rolled out across all urban areas, and (ii) carrying out social awareness, sensitization and training programs for key stakeholders and citizens. Key activities include:

\n\n

 

\n\n
    \n\t
  1. Technical Assistance to state agencies for policy reform, strengthening of organizational capacities and institutional systems including development of rules and regulations, and operational procedures and training.
    2. \n\t
  2. Technical Assistance to ULBs to strengthen their institutional systems including financial systems and cost recovery mechanisms, establishing mechanisms to partner with various city level agencies for SWM activities, project planning, design and implementation and O&M support.
    3. \n\t
  3. Training and awareness generation / Information Education Communication support for all agencies for SWM activities.
    4. \n
\n\n

Component 2: Support to ULBs for SWM

\n\n

The component will provide grants to the participating ULBs for improving their local level SWM systems and capacities, mainly on (a) primary collection and transportation systems for solid waste, including the provision for performance-based contracts with Kudumbashree and HKS women groups as SWM service providers, (b) source segregation and treatment for BDW at decentralized level, (c) rehabilitation of existing MCFs/RRFs and development of new integrated MRFs, (d) development of BDW management facilities, (f) closure/remediation of existing dumpsites and development of disposal cells as interim disposal facilities, (g) public space cleaning, sanitization, waste removal activities as well as cleaning and sanitization of government offices, hospitals, community level waste recycling and processing facilities (in the context of COVID-19), (h) protective gear, equipment, masks, chemicals, disinfectants etc. for sanitation and waste management workers, (i) operations and maintenance payments for performance-based contracts and tipping fees for regional disposal, and (j) implementation of environment and social risk mitigation actions.

\n\n

Component 3: Development of regional SWM facilities

\n\n

This component will finance, inter alia: (a) regional processing and recycling facilities; (b) regional construction and demolition (C&D) waste management facilities; (c) transfer stations and regional sanitary landfills for municipal solid waste disposal; and (d) closure/remediation of existing waste dumpsites and development of incremental disposal cells as interim safe disposal facility. These downstream activities aim at completing the value chain. They will be implemented and managed by SM in compliance with the National SWM Rules 2016 and the guidelines issued by CPCB. In addition, this component will finance the biomedical waste management facilities to expand the state’s capacity to deal with increased volumes of biomedical waste in the context of COVID-19 pandemic.

\n\n

 

\n\n

STRATEGY FOR CAPACITY DEVELOPMENT OF ULBs AND ALL STAKEHOLDERS

\n\n

The Project Appraisal Document (PAD) has identified the limited institutional capacity of the ULBs and other stakeholders to implement the project as a great challenge and has laid emphasis on the capacity building of various stakeholders.  The Capacity Building and Training under the Project intends to strengthen and build technical and administrative capacity for Solid Waste Management for the ULBS in the State.  Based on the broadly identified learning requirements to plug the capacity gaps in the existing institutions for SWM related service delivery in Kerala, the strategy for provision of capacity building, training and skill development will be as follows:

\n\n
    \n\t
  1. TRAINING NEEDS ASSESSMENT (TNA)
    2. \n
\n\n
    \n\t
  1. Training Need Assessments (TNA) to drive the training:
    2. \n
\n\n

A competent Agency will be identified to undertake a comprehensive Training Needs Assessment (TNA) for Kerala Solid Waste Management Project (KSWMP) at the beginning of the Project and at the end of the 3rd year of the Project and to develop Training Plans and Calendars. The TNA will be complemented by evaluations at the end of each course / training, which will facilitate midcourse corrections as may be needed. Based on the capacity building needs detailed in the PAD and the Project Implementation Manual (PIM) a two pronged training approach would be required, namely

\n\n
    \n\t
  1. General Functional Training to Elected Representatives and grass-root level stakeholders, and
    2. \n\t
  2. Sector Specific Training for SWM Practices – SWM, Environmental & Social Safeguards, Procurement, Project Management, ULB level Training
    3. \n
\n\n

It is envisioned that two Agencies will handle the two training segments as detailed below:

\n\n
    \n\t
  1. Agency for conducting TNA & delivery of Training Programmes: A suitable State Level Agency with overall understanding of the Local Self Government (LSG) Eco-system of the State of Kerala would be engaged to assist KSWMP in the training and capacity building initiatives, including TNA and also to deliver the General Functional Trainings, Additionally, this Agency would be mandated to capture the overall institutional knowledge gained by the KSWMP and all the Project Stakeholders and to carry it forward beyond the KSWMP Life-Cycle for capacity building of all stakeholders in future; and
    2. \n\t
  2. External Training Consultant: The services of an independent External Training Consultant (ETC) would be procured to drive all the Sector Specific Training Programmes.
    3. \n
\n\n

For the purpose of distinguishing between the two Agencies, the first Agency that undertakes the TNA and rolls out the General Functional Trainings shall be given the nomenclature – Lead Agency and the Second Agency that develops content and rolls out Functional Area Trainings shall be given the nomenclature – External Training Consultant (ETC). There is no overlap in the roles and responsibilities of both the Agencies. Each Agency will be delivering training to distinct Segments / Target Groups of Trainees and the nature of training and training content are different

\n\n

 

\n\n
    \n\t
  1. Assistance to KSWMP:
    2. \n
\n\n

In addition to undertaking the TNA, the identified Lead Agency shall assist KSWMP in the following areas

\n\n\n\n
    \n\t
  1. TRAINING CONTENT DEVELOPMENT AND DELIVERY
    2. \n
\n\n

The Training Content development and delivery also would be two pronged, covering the following distinct areas for two different target groups of Trainees:

\n\n
    \n\t
  1. Content development for General Functional Training:
    2. \n
\n\n

Based on the TNA outcome, the identified Agency shall assess the requirements of each Target Groups of Trainees and shall prepare the Training Content, training design and training calendar for general functional training.

\n\n
    \n\t
  1. Content development for the Sector Specific Training
    2. \n
\n\n

Based on the TNA outcome, the identified Agency shall assess the requirements of each target Groups of Trainees and shall prepare the Training Content, training design and training calendar for general functional training.

\n\n
    \n\t
  1. Focus on digital learning:
    2. \n
\n\n

All training modules to be designed and delivered using digital platforms to be developed and operationalised under the Project and this will include a combination of online learning, blended learning, personalised training / learning, and can include elements such as tutoring, instruction and assessments and certification based on standardised parameters. The entire course content/s will be digitised for libraries maintained to ensure a continuous learning for the stakeholders.

\n\n
    \n\t
  1. Standardisation of training modules:
    2. \n
\n\n

the course contents divided into homogenous modules covering the KSWMP project implementation as well as generic capacity training will be standardised by the selected set of Content Development Consultants and Training Deliverers.

\n\n

To summarise, the strategy to achieve the goal of the capacity building activities of Component 1, SPMU will hire the services of (i) a premier Agency to conduct Training Needs Assessment (TNA) and to drive the General Functional Training for Elected Representatives and the grass root level stakeholders and (ii) an External Training Consultant to develop the content for the Sector Specific Training for all Stakeholders in SWM Sector and deliver training as per approved training plan for capacity building. The roles, the target groups and training segments of the two Set of Training Agencies are distinct and mutually exclusive, The first Agency would have the additional role of developing the TNA and supporting the SPMU and the ETC for the successful role out of the ETC’s distinct set of Trainings.

\n\n

 

\n\n

This Terms of Reference (ToR) is prepared to capture the details of the activities to be performed by the first Training Agency of the two described in the Training Strategy described in this Section. Such an Agency should have a good understanding of the structure of the Local Self Government System in the State of Kerala and also should be able to identify and reach out each segment of the Stakeholders.

\n\n
    \n\t
  1. Objectives of the Assignment
    2. \n
\n\n
    \n\t
  1. The main objective of the assignment is to build SWM capacities in a structured manner at all levels (SPMU, DPMU) for effective project management and implementation of SWM service delivery functions.
    2. \n
\n\n

The subsidiary objectives which are equally important to make the achievement of the main objective are:

\n\n
    \n\t
  1. to build the capacities of all ULBs, for implementing sub projects under component 2 and for improving SWM systems along with institutional/organizational and financial systems in all ULBs.
    2. \n\t
  2. to build capacities for the stakeholders at the grass-root level of SWM Practices in ULBs, namely Harita Karma Sena (HKS), HSS, Kudumbashree, etc.for improved SWM practices, which will include formal trainings for strengthening the local level systems, creating robust protocols for ensuring continuity of waste management services and use of protective gears/equipment by sanitation workers to minimize health risks.
    3. \n\t
  3.  to build capacity at all levels to use a robust MIS system and ICT tools for effective monitoring and evaluation of the project and SWM service delivery.
    4. \n
\n\n

The selected Agency will conduct the overall Training Needs Assessment (TNA) for all stakeholders in the project and identify skills and knowledge gaps to be filled through training and carry out gap analysis to to identify the Training Modules for the two distinct Groups of Stakeholders and shall assist the SPMU to roll out the training for the two distinct segments through the Lead Agency and the External Training Consultants. The Agency covered in this ToR shall have the direct role of rolling out the training for the stakeholders in the Training List 1. 2 and 3 attached and The External Training Consultants will be responsible for Project Management and SWM sector.

\n\n
    \n\t
  1. Scope of the assignment and Detailed Tasks of the Consultancy under this ToR
    2. \n
\n\n

The scope of this assignment is for the Lead Agency to undertake Training Needs Assessment, carry out capacity building activities needed for all General Functional Trainings and assist SPMU in overall coordination relating to all trainings of KSWMP during the project period.

\n\n

The tasks of the Lead Agency for capacity building and training in this Project shall be:

\n\n
    \n\t
  1. Assisting SPMU in conducting Training Needs Assessment (TNA) and to identify the skill and knowledge gaps to be filled through training. The TNA shall identify existing capacities, skill sets, expertise available, identify gaps and lead to development of appropriate training plans and delivery channels. While the TNA based on the training feedback and consequent revision of training plan shall be an annual exercise, a detailed TNA will be conducted twice during the project life cycle- one in the first year of the project and the other at the end of third year of the project. The TNA shall cover all ULBs, and C&T providers attached with those ULBs and shall be conducted by the Lead Agency, in consultation with SPMU and PMC.
    2. \n
\n\n

The objective of performing Training Needs Assessment (TNA) is to:

\n\n\n\n

The TNA will include collection and analysis of data relating to the skills and capacities of the existing staff vis-à-vis their desired job role in an organization, to identify the gaps and training requirements to enable the staff to perform better. TNA will lead to development of appropriate training programs and delivery channels.

\n\n

With regards to detailed to TNA in first and third year, the draft report shall be submitted to SPMU/SPMC for review, three months prior to the commencement of the subsequent training period and the final revised report of the same submitted two months prior to commencement of subsequent training period. With regard to annual training, feedback-based TNA shall be submitted two months prior to the commencement of the subsequent training period and the final revised report of the same submitted one month prior to commencement of subsequent training period.

\n\n
    \n\t
  1. Assist SPMU in reviewing course curriculum and design design-modules/courses for CB trainings over project period, which will include Project specific technical training and sub project implementation topics, general functional training such as procurement and FM systems, topics on ESMF and general SWM related topics. List of training attached as List 1, 2 & 3.
    2. \n\t
  2. Develop training content, deliver training, assess, and issue certificates, on behalf of the SPMU, KSWMP to the participants as required, relating to general functional trainings mentioned in the Training list 1 and ULB trainings in List 2 as per approved training plan/ schedule throughout the project period. All expenses related to review of curriculum, course design, content preparation, training delivery, assessment, course materials, coordination and management assistance fall under the scope of AGENCY.
    3. \n\t
  3. Content related to Project Management and SWM sector (specified in Training List 3 attached herewith which may be modified periodically based on TNA) shall be developed and related trainings delivered by the External Training Consultants appointed by SPMU. AGENCY shall assist SPMU/SPMC in planning, coordinating, and conducting all training programs of KSWMP including those conducted by such External Training Consultants.
    4. \n\t
  4. Assist SPMU in assessing and ensuring quality of content developed by external consultants and effectiveness of all trainings under KSWMP through review, regular monitoring, and evaluation. 
    5. \n\t
  5. Assist SPMU with inputs on developing and managing digital learning platform.
    6. \n\t
  6. A dedicated team for executing the above scope with two full time personnel shall be constituted at AGENCY. The required qualifications and experience of two personnel to be placed are detailed in table below.
    7. \n
\n\n
    \n\t
  1. Key professionals for driving the content development and delivering General Functional Trainings {For TNA and all other academic inputs, the selected Lead Agency would draw support from the internal academic and non-academic talent pool as well as the need based services of external Subject Matter Experts (SMEs)}
    2. \n
\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Sl. No

\n\t\t\t		\n\t\t\t

Key Professional Staff

\n\t\t\t		\n\t\t\t

                        Qualification and Experience

\n\t\t\t
\n\t\t\t

1

\n\t\t\t		\n\t\t\t

Training coordinator

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  • Graduate in any Engineering/ Postgraduate in social work/s /HR discipline/Development Studies/Local Development
    • \n\t\t\t\t
  • A minimum of five years of experience in coordinating capacity building activities in urban infrastructure/local government/Municipal solid waste management projects
    • \n\t\t\t\t
  • Computer proficiency is required (Well versed MS Word, Excel, PowerPoint).
    • \n\t\t\t\t
  • Experience in coordinating capacity building activities on digital learning platform.
    • \n\t\t\t\t
  • Must have good oral & written communication skills in English and Malayalam
    • \n\t\t\t
\n\t\t\t
\n\t\t\t

2

\n\t\t\t		\n\t\t\t

Assistant training coordinator

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  • Graduate in any Engineering/ Postgraduate in social work /HR discipline// Development Studies/Local Development
    • \n\t\t\t\t
  • A minimum of three years’ experience in coordinating capacity building activities in urban infrastructure/local government/Municipal solid waste management projects
    • \n\t\t\t\t
  • Computer proficiency is required (Well versed in MS Word, Excel, PowerPoint).
    • \n\t\t\t\t
  • Experience in coordinating capacity building activities on digital learning platform.
    • \n\t\t\t\t
  • Must have good oral & written communication skills in English and Malayalam
    • \n\t\t\t
\n\n\t\t\t

 

\n\t\t\t
\n\t\t\t

3

\n\t\t\t		\n\t\t\t

Financial Management Expert

\n\t\t\t		\n\t\t\t

• CA/ Master’s in Commerce/MBA-Finance/ CMA
\n\t\t\t• Minimum ten years’ individual/combined experience in Finance management/cost accounting.
\n\t\t\t• A minimum of three years of experience in conducting training in urban infrastructure, service delivery functions of ULB projects.
\n\t\t\t• Experience in design and preparation of training content is desirable
\n\t\t\t• Must have good communication skills in English & Malayalam.

\n\t\t\t
\n\t\t\t

4

\n\t\t\t		\n\t\t\t

Procurement Expert

\n\t\t\t		\n\t\t\t

• Master’s degree in any Engg discipline/ MBA.
\n\t\t\t• Minimum ten years’ individual/combined experience in procurement of services and goods in urban infrastructure projects out of which three years shall be in World Bank/ ADB/ other external agency funded projects.
\n\t\t\t• A minimum of three years of experience in conducting training in procurement of goods and services in urban infrastructure, service delivery functions of ULB projects.
\n\t\t\t• Experience in design and preparation of training content is desirable
\n\t\t\t• Must have good communication skills in English.
\n\t\t\t• Communication skills in Malayalam is desirable.

\n\t\t\t
\n\t\t\t

5

\n\t\t\t		\n\t\t\t

Institutional Strengthening Expert

\n\t\t\t		\n\t\t\t

Master’s degree in Engineering/ MBA.
\n\t\t\t• Minimum ten years’ experience in Institutional strengthening activities out of which a minimum of three years of experience in conducting training in Institutional Aspects in urban infrastructure, service delivery functions of ULB projects.
\n\t\t\t• Experience in design and preparation of training content is desirable
\n\t\t\t• Must have good communication skills in English.
\n\t\t\t• Communication skills in Malayalam is desirable.

\n\t\t\t
\n\t\t\t

6

\n\t\t\t		\n\t\t\t

Human Resource Expert

\n\t\t\t		\n\t\t\t

Graduate in any Engineering/ Postgraduate in social work /HR discipline// Development Studies/Local Development/MBA-HR

\n\n\t\t\t

•           Minimum seven years’ experience in Human resources management 

\n\n\t\t\t

•           Experience in conducting training for LSGD Institutions

\n\n\t\t\t

•           Experience in design and preparation of training content is desirable

\n\n\t\t\t

•           Must have good communication skills in English & Malayalam

\n\t\t\t
\n\t\t\t

7

\n\t\t\t		\n\t\t\t

Documentation & Data Expert

\n\t\t\t		\n\t\t\t

• B. Tech. in Information Technology/MCA/Masters in Statistics/Demography

\n\n\t\t\t

•           Minimum five years’ experience in managing MIS system/tool in urban infrastructure projects

\n\n\t\t\t

•           A minimum of three years of experience in conducting training in MIS/Documentation

\n\n\t\t\t

•           Experience in conducting training for ULBs/LSGD   projects.

\n\n\t\t\t

•           Experience in design and preparation of training content

\n\n\t\t\t

•           Must have good communication skills in English & Malayalam.

\n\t\t\t
\n\t\t\t

8

\n\t\t\t		\n\t\t\t

Solid Waste Management Legislation

\n\t\t\t		\n\t\t\t

• Bachelor’s degree in Law, with minimum 7 years of experience in municipal service delivery functions, preparation of byelaws, in Solid Waste Management Legislation. Experience in design and preparation of training content is desirable

\n\n\t\t\t

•           Must have good communication skills in English & Malayalam

\n\t\t\t
\n\t\t\t

9

\n\t\t\t		\n\t\t\t

Collection & Transport Expert

\n\t\t\t		\n\t\t\t

• Bachelor’s degree in civil/ mechanical Engineering preferably with a master’s degree in urban/regional/transportation planning, urban management, construction management.

\n\n\t\t\t

• 7 years of experience in urban infrastructure projects with a focus on collection and transportation of Municipal Solid Waste, including in Trainings for collection staff

\n\n\t\t\t

Experience in design and preparation of training content is desirable

\n\n\t\t\t

Must have good communication skills in English & Malayalam.

\n\t\t\t
\n\n

 

\n\n

The Lead Agency shall identify and engage competent resources / personnel to ensure high standards of effort in TNA, quality of content & delivery of all trainings under the scope of the assignment.  

\n\n
    \n\t
  1. Timeline for completion of tasks & Deliverables
    2. \n
\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Sl. No

\n\t\t\t		\n\t\t\t

Topic

\n\t\t\t		\n\t\t\t

Timeline

\n\t\t\t		\n\t\t\t

Deliverables

\n\t\t\t
\n\t\t\t

1

\n\t\t\t		\n\t\t\t

Conduct detailed Training Needs Assessment (TNA):

\n\n\t\t\t

Identify existing skills, gaps and training requirements to plug the gaps in capacities on integrated SWM service delivery among various stakeholders through a Training need assessment (TNA).

\n\t\t\t		\n\t\t\t

First year

\n\n\t\t\t

 

\n\n\t\t\t

and at the end of third year of project

\n\t\t\t		\n\t\t\t

Draft TNA Report (four months prior to the commencement of the subsequent training period)

\n\n\t\t\t

&

\n\n\t\t\t

Final TNA report (two months prior to commencement of subsequent training period)

\n\t\t\t
\n\t\t\t

2

\n\t\t\t		\n\t\t\t

Conduct annual training needs assessment based on feedback of trainings conducted.

\n\n\t\t\t

Identify existing skills, gaps and training requirements to plug the gaps in capacities on integrated SWM service delivery among various stakeholders through a Training need assessment (TNA).

\n\t\t\t		\n\t\t\t

Every year

\n\t\t\t		\n\t\t\t

Draft TNA Report (two months prior to the commencement of the subsequent training period)

\n\n\t\t\t

&

\n\n\t\t\t

Final TNA report (one month prior to commencement of subsequent training period

\n\t\t\t
\n\t\t\t

3

\n\t\t\t		\n\t\t\t

Assist SPMU to review & develop course curriculum, Course design and identify training modules/courses for CB trainings for the entire project.

\n\t\t\t		\n\t\t\t

One month from completion of TNA

\n\n\t\t\t

 

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Course, curriculum, course design & modules related to CB for entire project period- for both online/ classroom  trainings

\n\t\t\t
\n\t\t\t

4

\n\t\t\t		\n\t\t\t

Assist SPMU to review contents developed by external consultants for all KSWMP trainings - both online and offline – (attached as list 3) for quality and conformance with curriculum.

\n\t\t\t		\n\t\t\t

Within two weeks on receipt of content.

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 Review report.

\n\t\t\t
\n\t\t\t

5

\n\t\t\t		\n\t\t\t

Develop content and deliver trainings throughout the project period related to general functional aspects (Classroom and online)  The list of trainings specified in training list 1 and 2 . The scope includes issue of course materials to the participants, collection of feedback, assessing the training effectiveness and issue of certificates to the participants.

\n\t\t\t		\n\t\t\t

As Per Training calendar

\n\t\t\t		\n\t\t\t

Course materials,

\n\n\t\t\t

Training Reports  related to general functional (Classroom and online) aspects/ ULB  level trainings specified in  training list 1 and 2.

\n\t\t\t
\n\t\t\t

6

\n\t\t\t		\n\t\t\t

Assist SPMU in planning and revision of yearly training plans (Classroom and online) related to all functional areas throughout the project period

\n\t\t\t		\n\t\t\t

Two months prior to commencement of subsequent training year

\n\t\t\t		\n\t\t\t

Yearly Training calendar and necessary revisions.

\n\t\t\t
\n\t\t\t

7

\n\t\t\t		\n\t\t\t

Assist SPMU in co-ordination of all trainings throughout the project period

\n\t\t\t		\n\t\t\t

As Per Training calendar

\n\t\t\t		\n\t\t\t

Completion Reports related to all trainings

\n\t\t\t
\n\t\t\t

8

\n\t\t\t		\n\t\t\t

Assist SPMU in updating of training completion status relating to all trainings in Digital Platform

\n\t\t\t		\n\t\t\t

Within 10 days after each training

\n\t\t\t		\n\t\t\t

Training Reports

\n\t\t\t
\n\t\t\t

9

\n\t\t\t		\n\t\t\t

 Assist SPMU in updating  feedback into the system for a trainings and exposure visits.

\n\t\t\t		\n\t\t\t

Within 10 days after each training/visit

\n\t\t\t		\n\t\t\t

Feedback reports

\n\t\t\t
\n\t\t\t

10

\n\t\t\t		\n\t\t\t

 Assist SPMU in monitoring of all trainings including that by external consultant, assessment of knowledge gained by participants, effectiveness of trainings and making course corrections as needed.

\n\t\t\t		\n\t\t\t

Within 10 days from the end of each term

\n\t\t\t		\n\t\t\t

Assessment report, Gap Analysis Report, Quarterly, Half yearly and Annual Progress reports uploaded on DLP.

\n\t\t\t
\n\n

 

\n\n
    \n\t
  1. Payment Terms
    2. \n
\n\n
    \n\t
  1. Logistic support shall be arranged by the Agency, in consultation with SPMU, for all trainings of KSWMP on a case-to-case basis. Expenses towards logistics including venue, food and refreshments, audio visual aids, accommodation and transportation for trainees will be met by SPMU directly.  No advance will be paid under any circumstances. The selected Lead Agency shall be paid a percentage Management Fee for the management of all logistics requirements of the Trainers and Trainees. 
    2. \n\t
  2. Payment shall be made for each month of services, against monthly invoices raised by the Agency.
    3. \n\t
  3.  Payment will be processed within 30 days of submission of invoice.
    4. \n
\n\n

 

\n\n
    \n\t
  1. Period of Appointment
    2. \n
\n\n

The engagement of AGENCY will be for the entire Project Period (4 years)

\n\n
    \n\t
  1. Client’s Input and support
    2. \n
\n\n

On request the SPMU will make available the documents/information such as Project Implementation manuals, approved SWM plans, guidelines to ULBs, Project Schedule, necessary for the successful completion of the assignment.  SPMU will also facilitate the coordination with the External Training Consultants (ETC).

\n\n

 

\n\n

Annexure 1

\n\n

Training Lists

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

TRAINING LIST 1- GENERAL FUNCTIONAL TRAININGS

\n\t\t\t
\n\t\t\t

SlNo.

\n\t\t\t		\n\t\t\t

Module

\n\t\t\t		\n\t\t\t

Contents

\n\t\t\t		\n\t\t\t

Hours

\n\t\t\t		\n\t\t\t

Participants

\n\t\t\t		\n\t\t\t

Periodicity

\n\t\t\t		\n\t\t\t

Mode of training

\n\t\t\t		\n\t\t\t

No of participants

\n\t\t\t		\n\t\t\t

No of batches planned

\n\t\t\t		\n\t\t\t

No of Refresher batch

\n\t\t\t		\n\t\t\t

Total hours of training

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

1

\n\t\t\t		\n\t\t\t

Financial Management

\n\t\t\t		\n\t\t\t

• Project Costing-
\n\t\t\t          - Types of Project Based on Costing
\n\t\t\t          - COST RECOVERY
\n\t\t\t• Fund Utilisation Planning-
\n\t\t\t          -Overall Planning and Budgeting
\n\t\t\t          -Fund Flow Management
\n\t\t\t          -Annual Planning and Expenditure Cycle
\n\t\t\t          -Sustainable O&M / Asset Management
\n\t\t\t          -Accounting and Reporting Activities
\n\t\t\t• Cost accounting
\n\t\t\t• Project financial and economic viability
\n\t\t\tassessment-
\n\t\t\t          -Principles, Practice
\n\t\t\t          -Assessing Financial Viability risk
\n\t\t\t          -Viability Assessments: Seeking Information , Analysing Information
\n\t\t\t         -Possible mitigation strategies
\n\t\t\t         -Financial Modeliing of SWM facilities

\n\t\t\t		\n\t\t\t

6

\n\t\t\t		\n\t\t\t

SPMU and ULB

\n\t\t\t		\n\t\t\t

Year 0-1

\n\t\t\t		\n\t\t\t

Online
\n\t\t\tcourse/Classroom
\n\t\t\ttraining

\n\t\t\t		\n\t\t\t

117

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

48

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

2

\n\t\t\t		\n\t\t\t

Procurement

\n\t\t\t		\n\t\t\t

• Preparation of tender documents
\n\t\t\t• Tendering and Bid Process Management
\n\t\t\t• About MoUs and inter agency working arrangements
\n\t\t\t• PPP models, Cost benefit, Value for Money
\n\t\t\tanalysis
\n\t\t\t• Contract Administration

\n\t\t\t		\n\t\t\t

5

\n\t\t\t		\n\t\t\t

SM, SPMU and ULB

\n\t\t\t		\n\t\t\t

Year 1-6 /Continuous

\n\t\t\t		\n\t\t\t

Offline for Y1, Online course for refresher batches.

\n\t\t\t		\n\t\t\t

103

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

40

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

3

\n\t\t\t		\n\t\t\t

Institutional Aspects

\n\t\t\t		\n\t\t\t

• Inter institutional coordination
\n\t\t\t• Institutional roles of downstream agencies
\n\t\t\tand devolution of powers

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

SM, SPMU, LSGD

\n\t\t\t		\n\t\t\t

Year 0-1 /Continuous

\n\t\t\t		\n\t\t\t

Offline for Y1, Online course for refresher batches.

\n\t\t\t		\n\t\t\t

30

\n\t\t\t		\n\t\t\t

1

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

10

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

4

\n\t\t\t		\n\t\t\t

HR

\n\t\t\t		\n\t\t\t

• Feedback and reporting innovations
\n\t\t\t• Capacity building of field staff
\n\t\t\t• Welfare of field staff

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

SM, SPMU and ULB

\n\t\t\t		\n\t\t\t

Year 2-6 /Continuous

\n\t\t\t		\n\t\t\t

Offline for Y1, Online course for refresher batches.

\n\t\t\t		\n\t\t\t

100

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

14

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

5

\n\t\t\t		\n\t\t\t

Data Documentation

\n\t\t\t		\n\t\t\t

• Management of MIS system/ MIS tool
\n\t\t\t• Waste Audit Documentation

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

LSGD, SM, SPMU and ULBs

\n\t\t\t		\n\t\t\t

Year 2-6 /Continuous

\n\t\t\t		\n\t\t\t

Offline for Y1, Online course for refresher batches.

\n\t\t\t		\n\t\t\t

191

\n\t\t\t		\n\t\t\t

8

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

22

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

TOTAL

\n\t\t\t		\n\t\t\t

17

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

541

\n\t\t\t		\n\t\t\t

21

\n\t\t\t		\n\t\t\t

18

\n\t\t\t		\n\t\t\t

134

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

TRAINING LIST 2. - LIST OF  ULB TRAININGS

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

SlNo.

\n\t\t\t		\n\t\t\t

Module

\n\t\t\t		\n\t\t\t

Content

\n\t\t\t		\n\t\t\t

Hours

\n\t\t\t		\n\t\t\t

Participants

\n\t\t\t		\n\t\t\t

Periodicity

\n\t\t\t		\n\t\t\t

Mode of training

\n\t\t\t		\n\t\t\t

No of participants

\n\t\t\t		\n\t\t\t

No of batches planned

\n\t\t\t		\n\t\t\t

No of Refresher batch

\n\t\t\t		\n\t\t\t

Total  Hours

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

1

\n\t\t\t		\n\t\t\t

Solid Waste Management Legislation

\n\t\t\t		\n\t\t\t

• Preparation of bye-laws

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

ULB PIU and Health
\n\t\t\tDepartment, Elected
\n\t\t\tRepresentatives

\n\t\t\t		\n\t\t\t

Year 0-1

\n\t\t\t		\n\t\t\t

Offline ,  onlne for refresher bathces

\n\t\t\t		\n\t\t\t

558

\n\t\t\t		\n\t\t\t

12

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

48

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

2

\n\t\t\t		\n\t\t\t

Trainings for collection staff

\n\t\t\t		\n\t\t\t

• Types of waste specifically NBDW such as plastic

\n\t\t\t		\n\t\t\t

16

\n\t\t\t		\n\t\t\t

Collection staff
\n\t\t\tHKS/ Kudumbashree/ SHG

\n\t\t\t		\n\t\t\t

Year 2-6 /Continuous

\n\t\t\t		\n\t\t\t

Offline ,  onlne for refresher bathces

\n\t\t\t		\n\t\t\t

5657

\n\t\t\t		\n\t\t\t

113

\n\t\t\t		\n\t\t\t

30

\n\t\t\t		\n\t\t\t

2288

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

TOTAL

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

2336

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
             
\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

PART II

\n\n

 

\n\n

Section 8. Conditions of Contract and Contract Forms

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

Lump-Sum Form of Contract

\n\n

 

\n\n

 

\n\n

STANDARD FORM OF CONTRACT

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

Consultant’s Services

\n\n

Lump-Sum

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

TABLE OF CONTENTS

\n\n

 

\n\n

I.             Form of Contract 135

\n\n

II.           General Conditions of Contract 139

\n\n

A.  General Provisions. 139

\n\n

1.        Definitions. 139

\n\n

2.        Relationship between the Parties. 140

\n\n

3.        Law Governing Contract 141

\n\n

4.        Language. 141

\n\n

5.        Headings. 141

\n\n

6.        Communications. 141

\n\n

7.        Location. 141

\n\n

8.        Authority of Member in Charge. 141

\n\n

9.        Authorized Representatives. 141

\n\n

10.     Fraud and Corruption. 141

\n\n

B.  Commencement, Completion, Modification and Termination of Contract 142

\n\n

11.     Effectiveness of Contract 142

\n\n

12.     Termination of Contract for Failure to Become Effective. 142

\n\n

13.     Commencement of Services. 142

\n\n

14.     Expiration of Contract 142

\n\n

15.     Entire Agreement 142

\n\n

16.     Modifications or Variations. 142

\n\n

17.     Force Majeure. 143

\n\n

18.     Suspension. 144

\n\n

19.     Termination. 144

\n\n

C.  Obligations of the Consultant 146

\n\n

20.     General 146

\n\n

21.     Conflict of Interest 147

\n\n

22.     Confidentiality. 148

\n\n

23.     Liability of the Consultant 149

\n\n

24.     Insurance to be taken out by the Consultant 149

\n\n

25.     Accounting, Inspection and Auditing. 149

\n\n

26.     Reporting Obligations. 149

\n\n

27.     Proprietary Rights of the Client in Reports and Records. 150

\n\n

28.     Equipment, Vehicles and Materials. 150

\n\n

29.     Code of Conduct 150

\n\n

30.     Forced Labor 150

\n\n

31.     Child Labor 151

\n\n

32.     Non-Discrimination and Equal Opportunity. 152

\n\n

33.     Training of Experts. 152

\n\n

D.  Consultant’s Experts and Sub-Consultants. 152

\n\n

34.     Description of Key Experts. 152

\n\n

35.     Replacement of Key Experts. 152

\n\n

36.     Removal of Experts or Sub-consultants. 153

\n\n

E.  Obligations of the Client 153

\n\n

37.     Assistance and Exemptions. 153

\n\n

38.     Access to Project Site. 154

\n\n

39.     Change in the Applicable Law Related to Taxes and Duties. 155

\n\n

40.     Services, Facilities and Property of the Client 155

\n\n

41.     Counterpart Personnel 155

\n\n

42.     Payment Obligation. 155

\n\n

F.  Payments to the Consultant 155

\n\n

43.     Contract Price. 155

\n\n

44.     Taxes and Duties. 156

\n\n

45.     Currency of Payment 156

\n\n

46.     Mode of Billing and Payment 156

\n\n

47.     Interest on Delayed Payments. 157

\n\n

G.  Fairness and Good Faith. 157

\n\n

48.     Good Faith. 157

\n\n

H.  Settlement of Disputes. 157

\n\n

49.     Amicable Settlement 157

\n\n

50.     Dispute Resolution. 157

\n\n

III.         Special Conditions of Contract 161

\n\n

IV.         Appendices. 171

\n\n

Appendix A – Terms of Reference. 171

\n\n

Appendix B - Key Experts. 171

\n\n

Appendix C – Breakdown of Contract Price. 171

\n\n

Appendix D - Form of Advance Payments Guarantee. 174

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

                                                                                                                                                     

\n\n

 

\n\n

 

\n\n

Contract for Consultant’s Services

\n\n

 

\n\n

Lump-Sum

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

Project Name ___________________________

\n\n

 

\n\n

[Loan/Credit/Grant] No.____________________

\n\n

 

\n\n

Contract No. ____________________________

\n\n

 

\n\n

Assignment Title: _____________________________

\n\n

 

\n\n

between

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

                                                                       

\n\n

[Name of the Client]

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

and

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

                                                                       

\n\n

[Name of the Consultant]

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

Dated:                                                

\n\n

 

\n\n
    \n\t
  1. Form of Contract
    2. \n
\n\n

Lump-Sum

\n\n

 

\n\n

(Text in brackets [ ] is optional; all notes should be deleted in the final text)

\n\n

 

\n\n

 

\n\n

This CONTRACT (hereinafter called the “Contract”) is made the [number] day of the month of [month], [year], between, on the one hand, [name of Client or Recipient] (hereinafter called the “Client”) and, on the other hand, [name of Consultant] (hereinafter called the “Consultant”).

\n\n

 

\n\n

[If the Consultant consist of more than one entity, the above should be partially amended to read as follows: “…(hereinafter called the “Client”) and, on the other hand, a Joint Venture (name of the JV) consisting of the following entities, each member of which will be jointly and severally liable to the Client for all the Consultant’s obligations under this Contract, namely, [name of member] and [name of member] (hereinafter called the “Consultant”).]

\n\n

 

\n\n

WHEREAS

\n\n

 

\n\n

(a)     the Client has requested the Consultant to provide certain consulting services as defined in this Contract (hereinafter called the “Services”);

\n\n

 

\n\n

(b)     the Consultant, having represented to the Client that it has the required professional skills, expertise and technical resources, has agreed to provide the Services on the terms and conditions set forth in this Contract;

\n\n

 

\n\n

(c)     the Client has received [or has applied for] a loan [or credit or grant] from the [insert as relevant, International Bank for Reconstruction and Development (IBRD) or International Development Association (IDA)]: toward the cost of the Services and intends to apply a portion of the proceeds of this [loan/credit/grant] to eligible payments under this Contract, it being understood that (i) payments by the Bank will be made only at the request of the Client and upon approval by the Bank; (ii) such payments will be subject, in all respects, to the terms and conditions of the [loan/financing/grant] agreement, including prohibitions of withdrawal from the [loan/credit/grant] account for the purpose of any payment to persons or entities, or for any import of goods, if such payment or import, to the knowledge of the Bank, is prohibited by the decision of the United Nations Security council taken under Chapter VII of the Charter of the United Nations; and (iii) no party other than the Client shall derive any rights from the [loan/financing/grant] agreement or have any claim to the [loan/credit/grant] proceeds;

\n\n

 

\n\n

NOW THEREFORE the parties hereto hereby agree as follows:

\n\n

 

\n\n

1.         The following documents attached hereto shall be deemed to form an integral part of this Contract:

\n\n

 

\n\n

(a)     The General Conditions of Contract (including Attachment 1 “Fraud and Corruption”);

\n\n

(b)     The Special Conditions of Contract;

\n\n

(c)     Appendices: 

\n\n

 

\n\n

Appendix A:   Terms of Reference                                                  

\n\n

Appendix B:   Key Experts                                                              

\n\n

Appendix C:   Breakdown of Contract Price                                  

\n\n

Appendix D:   Form of Advance Payments Guarantee

\n\n

 

\n\n

In the event of any inconsistency between the documents, the following order of precedence shall prevail: the Special Conditions of Contract; the General Conditions of Contract, including Attachment 1; Appendix A; Appendix B; Appendix C; Appendix D, and Appendix E. Any reference to this Contract shall include, where the context permits, a reference to its Appendices.

\n\n

 

\n\n

2.         The mutual rights and obligations of the Client and the Consultant shall be as set forth in the Contract, in particular:

\n\n

 

\n\n

(a)        the Consultant shall carry out the Services in accordance with the provisions of the Contract; and

\n\n

(b)        the Client shall make payments to the Consultant in accordance with the provisions of the Contract.

\n\n

 

\n\n

 

\n\n

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their respective names as of the day and year first above written.

\n\n

 

\n\n

For and on behalf of [Name of Client]

\n\n

 

\n\n

                                                                                               

\n\n

[Authorized Representative of the Client – name, title and signature]

\n\n

 

\n\n

For and on behalf of [Name of Consultant or Name of a Joint Venture]

\n\n

 

\n\n

                                                                                               

\n\n

[Authorized Representative of the Consultant – name and signature]

\n\n

 

\n\n

[For a joint venture, either all members shall sign or only the lead member, in which case the power of attorney to sign on behalf of all members shall be attached.

\n\n

 

\n\n

For and on behalf of each of the members of the Consultant [insert the Name of the Joint Venture]

\n\n

 

\n\n

[Name of the lead member]

\n\n

 

\n\n

                                                                                               

\n\n

[Authorized Representative on behalf of a Joint Venture]

\n\n

 

\n\n

[add signature blocks for each member if all are signing]

\n\n

 

\n\n

 

\n\n

 

\n\n
    \n\t
  1. General Conditions of Contract
    2. \n
\n\n

A.  General Provisions

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t
    \n\t\t\t\t
  1. Definitions
    2. \n\t\t\t
\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Unless the context otherwise requires, the following terms whenever used in this Contract have the following meanings:
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t\t
  2. “Applicable Law” means the laws and any other instruments having the force of law in the Client’s country, or in such other country as may be specified in the Special Conditions of Contract (SCC), as they may be issued and in force from time to time.
    3. \n\t\t\t\t
  3. “Bank” means the International Bank for Reconstruction and Development (IBRD) or the International Development Association (IDA).
    4. \n\t\t\t\t
  4. “Borrower” means the Government, Government agency or other entity that signs the financing agreement with the Bank.
    5. \n\t\t\t\t
  5. “Client” means the implementing agency that signs the Contract for the Services with the Selected Consultant.
    6. \n\t\t\t\t
  6. “Client’s Personnel” refers to the staff, labor and other employees (if any) of the Client engaged in fulfilling the Client’s obligations under the Contract; and any other personnel identified as Client’s Personnel, by a notice from the Client to the Consultant.
    7. \n\t\t\t\t
  7.  “Consultant” means a legally-established professional consulting firm or entity selected by the Client to provide the Services under the signed Contract.
    8. \n\t\t\t\t
  8. “Contract” means the legally binding written agreement signed between the Client and the Consultant and which includes all the attached documents listed in its paragraph 1 of the Form of Contract (the General Conditions (GCC), the Special Conditions (SCC), and the Appendices).
    9. \n\t\t\t\t
  9. “Day” means a working day unless indicated otherwise.
    10. \n\t\t\t\t
  10. “Effective Date” means the date on which this Contract comes into force and effect pursuant to Clause GCC 11.
    11. \n\t\t\t\t
  11.  “Experts” means, collectively, Key Experts, Non-Key Experts, or any other personnel of the Consultant, Sub-consultant or JV member(s) assigned by the Consultant to perform the Services or any part thereof under the Contract.
    12. \n\t\t\t\t
  12. “Foreign Currency” means any currency other than the currency of the Client’s country.
    13. \n\t\t\t\t
  13. “GCC” means these General Conditions of Contract.
    14. \n\t\t\t\t
  14. “Government” means the government of the Client’s country.
    15. \n\t\t\t\t
  15. “Joint Venture (JV)” means an association with or without a legal personality distinct from that of its members, of more than one entity where one member has the authority to conduct all businesses for and on behalf of any and all the members of the JV, and where the members of the JV are jointly and severally liable to the Client for the performance of the Contract.
    16. \n\t\t\t\t
  16. “Key Expert(s)” means an individual professional whose skills, qualifications, knowledge and experience are critical to the performance of the Services under the Contract and whose Curricula Vitae (CV) was taken into account in the technical evaluation of the Consultant’s proposal.
    17. \n\t\t\t\t
  17. “Local Currency” means the currency of the Client’s country.
    18. \n\t\t\t\t
  18. “Non-Key Expert(s)” means an individual professional provided by the Consultant or its Sub-consultant to perform the Services or any part thereof under the Contract.
    19. \n\t\t\t\t
  19.  “Party” means the Client or the Consultant, as the case may be, and “Parties” means both of them.
    20. \n\t\t\t\t
  20.  “SCC” means the Special Conditions of Contract by which the GCC may be amended or supplemented but not over-written.
    21. \n\t\t\t\t
  21. “Services” means the work to be performed by the Consultant pursuant to this Contract, as described in Appendix A hereto.
    22. \n\t\t\t\t
  22. “Sub-consultants” means an entity to whom/which the Consultant subcontracts any part of the Services while remaining solely liable for the execution of the Contract.
    23. \n\t\t\t\t
  23. “Third Party” means any person or entity other than the Government, the Client, the Consultant or a Sub-consultant.
    24. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Relationship between the Parties
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Nothing contained herein shall be construed as establishing a relationship of master and servant or of principal and agent as between the Client and the Consultant.  The Consultant, subject to this Contract, has complete charge of the Experts and Sub-consultants, if any, performing the Services and shall be fully responsible for the Services performed by them or on their behalf hereunder.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Law Governing Contract
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. This Contract, its meaning and interpretation, and the relation between the Parties shall be governed by the Applicable Law.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Language
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. This Contract has been executed in the language specified in the SCC, which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Headings
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The headings shall not limit, alter or affect the meaning of this Contract.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Communications
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Any communication required or permitted to be given or made pursuant to this Contract shall be in writing in the language specified in Clause GCC 4. Any such notice, request or consent shall be deemed to have been given or made when delivered in person to an authorized representative of the Party to whom the communication is addressed, or when sent to such Party at the address specified in the SCC.
      2. \n\t\t\t\t\t
    2. A Party may change its address for notice hereunder by giving the other Party any communication of such change to the address specified in the SCC.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Location
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Services shall be performed at such locations as are specified in Appendix A hereto and, where the location of a particular task is not so specified, at such locations, whether in the Government’s country or elsewhere, as the Client may approve.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Authority of Member in Charge
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. In case the Consultant is a Joint Venture, the members hereby authorize the member specified in the SCC to act on their behalf in exercising all the Consultant’s rights and obligations towards the Client under this Contract, including without limitation the receiving of instructions and payments from the Client.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Authorized Representatives
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Any action required or permitted to be taken, and any document required or permitted to be executed under this Contract by the Client or the Consultant may be taken or executed by the officials specified in the SCC.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Fraud and Corruption
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Bank requires compliance with the Bank’s Anti-Corruption Guidelines and its prevailing sanctions policies and procedures as set forth in the Bank’s Sanctions Framework, as set forth in Attachment 1 to the GCC.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

a.      Commissions and Fees

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Client requires the Consultant to disclose any commissions, gratuities or fees that may have been paid or are to be paid to agents or any other party with respect to the selection process or execution of the Contract.  The information disclosed must include at least the name and address of the agent or other party, the amount and currency, and the purpose of the commission, gratuity or fee. Failure to disclose such commissions, gratuities or fees may result in termination of the Contract and/or sanctions by the Bank.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\n

B.  Commencement, Completion, Modification and Termination of Contract

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t
    \n\t\t\t\t
  1. Effectiveness of Contract
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. This Contract shall come into force and effect on the date (the “Effective Date”) of the Client’s notice to the Consultant instructing the Consultant to begin carrying out the Services.  This notice shall confirm that the effectiveness conditions, if any, listed in the SCC have been met.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Termination of Contract for Failure to Become Effective
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. If this Contract has not become effective within such time period after the date of Contract signature as specified in the SCC, either Party may, by not less than twenty two (22) days written notice to the other Party, declare this Contract to be null and void, and in the event of such a declaration by either Party, neither Party shall have any claim against the other Party with respect hereto.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Commencement of Services
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Consultant shall confirm availability of Key Experts and begin carrying out the Services not later than the number of days after the Effective Date specified in the SCC.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Expiration of Contract
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Unless terminated earlier pursuant to Clause GCC 19 hereof, this Contract shall expire at the end of such time period after the Effective Date as specified in the SCC.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Entire Agreement
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. This Contract contains all covenants, stipulations and provisions agreed by the Parties.  No agent or representative of either Party has authority to make, and the Parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Modifications or Variations
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Any modification or variation of the terms and conditions of this Contract, including any modification or variation of the scope of the Services, may only be made by written agreement between the Parties. However, each Party shall give due consideration to any proposals for modification or variation made by the other Party.
      2. \n\t\t\t\t\t
    2. In cases of substantial modifications or variations, the prior written consent of the Bank is required.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Force Majeure
    2. \n\t\t\t
\n\t\t\t		 
\n\t\t\t

a.      Definition

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. For the purposes of this Contract, “Force Majeure” means an event which is beyond the reasonable control of a Party, is not foreseeable, is unavoidable, and makes a Party’s performance of its obligations hereunder impossible or so impractical as reasonably to be considered impossible under the circumstances, and subject to those requirements, includes, but is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood or other adverse weather conditions, strikes, lockouts or other industrial action confiscation or any other action by Government agencies.
      2. \n\t\t\t\t\t
    2. Force Majeure shall not include (i) any event which is caused by the negligence or intentional action of a Party or such Party’s Experts, Sub-consultants or agents or employees, nor (ii) any event which a diligent Party could reasonably have been expected to both take into account at the time of the conclusion of this Contract, and avoid or overcome in the carrying out of its obligations hereunder.
      3. \n\t\t\t\t\t
    3. Force Majeure shall not include insufficiency of funds or failure to make any payment required hereunder.
      4. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

b.      No Breach of Contract

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The failure of a Party to fulfill any of its obligations hereunder shall not be considered to be a breach of, or default under, this Contract insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures, all with the objective of carrying out the terms and conditions of this Contract.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

c.      Measures to be Taken

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. A Party affected by an event of Force Majeure shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall take all reasonable measures to minimize the consequences of any event of Force Majeure.
      2. \n\t\t\t\t\t
    2. A Party affected by an event of Force Majeure shall notify the other Party of such event as soon as possible, and in any case not later than fourteen (14) calendar days following the occurrence of such event, providing evidence of the nature and cause of such event, and shall similarly give written notice of the restoration of normal conditions as soon as possible.
      3. \n\t\t\t\t\t
    3. Any period within which a Party shall, pursuant to this Contract, complete any action or task, shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure.
      4. \n\t\t\t\t\t
    4. During the period of their inability to perform the Services as a result of an event of Force Majeure, the Consultant, upon instructions by the Client, shall either:
      5. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\n\t\t\t

(a)     demobilize, in which case the Consultant shall be reimbursed for additional costs they reasonably and necessarily incurred, and, if required by the Client, in reactivating the Services; or

\n\n\t\t\t

(b)    continue with the Services to the extent reasonably possible, in which case the Consultant shall continue to be paid under the terms of this Contract and be reimbursed for additional costs reasonably and necessarily incurred.

\n\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. In the case of disagreement between the Parties as to the existence or extent of Force Majeure, the matter shall be settled according to Clauses GCC 49 & 50.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Suspension
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Client may, by written notice of suspension to the Consultant, suspend part or all payments to the Consultant hereunder if the Consultant fails to perform any of its obligations under this Contract, including the carrying out of the Services, provided that such notice of suspension (i) shall specify the nature of the failure, and (ii) shall request the Consultant to remedy such failure within a period not exceeding thirty (30) calendar days after receipt by the Consultant of such notice of suspension.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Termination
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. This Contract may be terminated by either Party as per provisions set up below:    
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

a.      By the Client

\n\t\t\t		\n\t\t\t

19.1.1. The Client may terminate this Contract in case of the occurrence of any of the events specified in paragraphs (a) through (f) of this Clause. In such an occurrence the Client shall give at least thirty (30) calendar days’ written notice of termination to the Consultant in case of the events referred to in (a) through (d); at least sixty (60) calendar days’ written notice in case of the event referred to in (e); and at least five (5) calendar days’ written notice in case of the event referred to in (f):

\n\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. If the Consultant fails to remedy a failure in the performance of its obligations hereunder, as specified in a notice of suspension pursuant to Clause GCC 18;
      2. \n\t\t\t\t\t
    2. If the Consultant becomes (or, if the Consultant consists of more than one entity, if any of its members becomes) insolvent or bankrupt or enter into any agreements with their creditors for relief of debt or take advantage of any law for the benefit of debtors or go into liquidation or receivership whether compulsory or voluntary;
      3. \n\t\t\t\t\t
    3. If the Consultant fails to comply with any final decision reached as a result of arbitration proceedings pursuant to Clause GCC 50.1;
      4. \n\t\t\t\t\t
    4. If, as the result of Force Majeure, the Consultant is unable to perform a material portion of the Services for a period of not less than sixty (60) calendar days;
      5. \n\t\t\t\t\t
    5. If the Client, in its sole discretion and for any reason whatsoever, decides to terminate this Contract;
      6. \n\t\t\t\t\t
    6. If the Consultant fails to confirm availability of Key Experts as required in Clause GCC 13.
      7. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\n\t\t\t

19.1.2.   Furthermore, if the Client determines that the Consultant has engaged in Fraud and Corruption in competing for or in executing the Contract, then the Client may, after giving fourteen (14) calendar days written notice to the Consultant, terminate the Consultant's employment under the Contract.

\n\t\t\t
\n\t\t\t

b.      By the Consultant

\n\t\t\t		\n\t\t\t

19.1.3.   The Consultant may terminate this Contract, by not less than thirty (30) calendar days’ written notice to the Client, in case of the occurrence of any of the events specified in paragraphs (a) through (d) of this Clause.

\n\n\t\t\t
    \n\t\t\t\t
  1. If the Client fails to pay any money due to the Consultant pursuant to this Contract and not subject to dispute pursuant to Clause GCC 45.1 within forty-five (45) calendar days after receiving written notice from the Consultant that such payment is overdue.
    2. \n\t\t\t\t
  2. If, as the result of Force Majeure, the Consultant is unable to perform a material portion of the Services for a period of not less than sixty (60) calendar days.
    3. \n\t\t\t\t
  3. If the Client fails to comply with any final decision reached as a result of arbitration pursuant to Clause GCC 50.1.
    4. \n\t\t\t\t
  4. If the Client is in material breach of its obligations pursuant to this Contract and has not remedied the same within forty-five (45) days (or such longer period as the Consultant may have subsequently approved in writing) following the receipt by the Client of the Consultant’s notice specifying such breach.
    5. \n\t\t\t
\n\t\t\t
\n\t\t\t

c.      Cessation of Rights and Obligations

\n\t\t\t		\n\t\t\t

19.1.4.   Upon termination of this Contract pursuant to Clauses GCC 12 or GCC 19 hereof, or upon expiration of this Contract pursuant to Clause GCC 14, all rights and obligations of the Parties hereunder shall cease, except (i) such rights and obligations as may have accrued on the date of termination or expiration, (ii) the obligation of confidentiality set forth in Clause GCC 22, (iii) the Consultant’s obligation to permit inspection, copying and auditing of their accounts and records set forth in Clause GCC 25 and to cooperate and assist in any inspection or investigation, and (iv) any right which a Party may have under the Applicable Law.

\n\t\t\t
\n\t\t\t

d.      Cessation of Services

\n\t\t\t		\n\t\t\t

19.1.5.   Upon termination of this Contract by notice of either Party to the other pursuant to Clauses GCC 19a or GCC 19b, the Consultant shall, immediately upon dispatch or receipt of such notice, take all necessary steps to bring the Services to a close in a prompt and orderly manner and shall make every reasonable effort to keep expenditures for this purpose to a minimum. With respect to documents prepared by the Consultant and equipment and materials furnished by the Client, the Consultant shall proceed as provided, respectively, by Clauses GCC 27 or GCC 28.

\n\t\t\t
\n\t\t\t

e.      Payment upon Termination

\n\t\t\t		\n\t\t\t

19.1.6.   Upon termination of this Contract, the Client shall make the following payments to the Consultant:

\n\n\t\t\t
    \n\t\t\t\t
  1. payment for Services satisfactorily performed prior to the effective date of termination; and
    2. \n\t\t\t\t
  2. in the case of termination pursuant to paragraphs (d) and (e) of Clause GCC 19.1.1, reimbursement of any reasonable cost incidental to the prompt and orderly termination of this Contract, including the cost of the return travel of the Experts.
    3. \n\t\t\t
\n\t\t\t
\n\n

C.  Obligations of the Consultant

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t
    \n\t\t\t\t
  1. General
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

a.      Standard of Performance

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Consultant shall perform the Services and carry out the Services with all due diligence, efficiency and economy, in accordance with generally accepted professional standards and practices, and shall observe sound management practices, and employ appropriate technology and safe and effective equipment, machinery, materials and methods. The Consultant shall always act, in respect of any matter relating to this Contract or to the Services, as a faithful adviser to the Client, and shall at all times support and safeguard the Client’s legitimate interests in any dealings with the third parties.
      2. \n\t\t\t\t\t
    2. The Consultant shall employ and provide such qualified and experienced Experts and Sub-consultants as are required to carry out the Services.
      3. \n\t\t\t\t\t
    3. The Consultant may subcontract part of the Services to an extent and with such Key Experts and Sub-consultants as may be approved in advance by the Client. Notwithstanding such approval, the Consultant shall retain full responsibility for the Services.
      4. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

b.      Law Applicable to Services

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Consultant shall perform the Services in accordance with the Contract and the Applicable Law and shall take all practicable steps to ensure that any of its Experts and Sub-consultants, comply with the Applicable Law. 
      2. \n\t\t\t\t\t
    2. Throughout the execution of the Contract, the Consultant shall comply with the import of goods and services prohibitions in the Client’s country when
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t\t
  2. as a matter of law or official regulations, the Borrower’s country prohibits commercial relations with that country; or
    3. \n\t\t\t\t
  3. by an act of compliance with a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, the Borrower’s Country prohibits any import of goods from that country or any payments to any country, person, or entity in that country.\n\t\t\t\t
      \n\t\t\t\t\t
    1. The Client shall notify the Consultant in writing of relevant local customs, and the Consultant shall, after such notification, respect such customs.
      2. \n\t\t\t\t
    \n\t\t\t\t
    4. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Conflict of Interest
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Consultant shall hold the Client’s interests paramount, without any consideration for future work, and strictly avoid conflict with other assignments or their own corporate interests.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

a.      Consultant Not to Benefit from Commissions, Discounts, etc.

\n\t\t\t		\n\t\t\t

21.1.1 The payment of the Consultant pursuant to GCC F (Clauses GCC 43 through 47) shall constitute the Consultant’s only payment in connection with this Contract and, subject to Clause GCC 21.1.3, the Consultant shall not accept for its own benefit any trade commission, discount or similar payment in connection with activities pursuant to this Contract or in the discharge of its obligations hereunder, and the Consultant shall use its best efforts to ensure that any Sub-consultants, as well as the Experts and agents of either of them, similarly shall not receive any such additional payment.

\n\n\t\t\t

21.1.2 Furthermore, if the Consultant, as part of the Services, has the responsibility of advising the Client on the procurement of goods, works or services, the Consultant shall comply with the Bank’s Applicable Regulations, and shall at all times exercise such responsibility in the best interest of the Client. Any discounts or commissions obtained by the Consultant in the exercise of such procurement responsibility shall be for the account of the Client.

\n\t\t\t
\n\t\t\t

b.      Consultant and Affiliates Not to Engage in Certain Activities

\n\t\t\t		\n\t\t\t

21.1.3 The Consultant agrees that, during the term of this Contract and after its termination, the Consultant and any entity affiliated with the Consultant, as well as any Sub-consultants and any entity affiliated with such Sub-consultants, shall be disqualified from providing goods, works or non-consulting services resulting from or directly related to the Consultant’s Services for the preparation or implementation of the project.

\n\t\t\t
\n\t\t\t

c.      Prohibition of Conflicting Activities

\n\t\t\t		\n\t\t\t

21.1.4 The Consultant shall not engage, and shall cause its Experts as well as its Sub-consultants not to engage, either directly or indirectly, in any business or professional activities that would conflict with the activities assigned to them under this Contract.

\n\t\t\t
\n\t\t\t

d.      Strict Duty to Disclose Conflicting Activities

\n\t\t\t		\n\t\t\t

21.1.5 The Consultant has an obligation and shall ensure that its Experts and Sub-consultants shall have an obligation to disclose any situation of actual or potential conflict that impacts their capacity to serve the best interest of their Client, or that may reasonably be perceived as having this effect. Failure to disclose said situations may lead to the disqualification of the Consultant or the termination of its Contract.

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Confidentiality
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Except with the prior written consent of the Client, the Consultant and the Experts shall not at any time communicate to any person or entity any confidential information acquired in the course of the Services, nor shall the Consultant and the Experts make public the recommendations formulated in the course of, or as a result of, the Services.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Liability of the Consultant
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Subject to additional provisions, if any, set forth in the SCC, the Consultant’s liability under this Contract shall be provided by the Applicable Law.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Insurance to be taken out by the Consultant
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Consultant (i) shall take out and maintain, and shall cause any Sub-consultants to take out and maintain, at its (or the Sub-consultants’, as the case may be) own cost but on terms and conditions approved by the Client, insurance against the risks, and for the coverage specified in the SCC, and (ii) at the Client’s request, shall provide evidence to the Client showing that such insurance has been taken out and maintained and that the current premiums therefore have been paid. The Consultant shall ensure that such insurance is in place prior to commencing the Services as stated in Clause GCC 13.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Accounting, Inspection and Auditing
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Consultant shall keep, and shall make all reasonable efforts to cause its Sub-consultants to keep, accurate and systematic accounts and records in respect of the Services and in such form and detail as will clearly identify relevant time changes and costs.
      2. \n\t\t\t\t\t
    2. Pursuant to paragraph 2.2 e. of Attachment 1 to the General Conditions, the Consultant shall permit and shall cause its agents (where declared or not), subcontractors, subconsultants, service providers, suppliers, and personnel, to permit, the Bank and/or persons appointed by the Bank to inspect the site and/or the accounts, records and other documents relating to the procurement process, selection and/or contract execution, and to have such accounts, records and other documents audited by auditors appointed by the Bank. The Consultant’s and its Subcontractors’ and subconsultants’ attention is drawn to Clause GCC 10.1 (Fraud and Corruption) which provides, inter alia, that acts intended to materially impede the exercise of the Bank’s inspection and audit rights constitute a prohibited practice subject to contract termination (as well as to a determination of ineligibility pursuant to the Bank’s prevailing sanctions procedures).
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Reporting Obligations
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Consultant shall submit to the Client the reports and documents specified in Appendix A, in the form, in the numbers and within the time periods set forth in the said Appendix. 
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Proprietary Rights of the Client in Reports and Records
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Unless otherwise indicated in the SCC, all reports and relevant data and information such as maps, diagrams, plans, databases, other documents and software, supporting records or material compiled or prepared by the Consultant for the Client in the course of the Services shall be confidential and become and remain the absolute property of the Client. The Consultant shall, not later than upon termination or expiration of this Contract, deliver all such documents to the Client, together with a detailed inventory thereof. The Consultant may retain a copy of such documents, data and/or software but shall not use the same for purposes unrelated to this Contract without prior written approval of the Client. 
      2. \n\t\t\t\t\t
    2. If license agreements are necessary or appropriate between the Consultant and third parties for purposes of development of the plans, drawings, specifications, designs, databases, other documents and software, the Consultant shall obtain the Client’s prior written approval to such agreements, and the Client shall be entitled at its discretion to require recovering the expenses related to the development of the program(s) concerned.  Other restrictions about the future use of these documents and software, if any, shall be specified in the SCC.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Equipment, Vehicles and Materials
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Equipment, vehicles and materials made available to the Consultant by the Client, or purchased by the Consultant wholly or partly with funds provided by the Client, shall be the property of the Client and shall be marked accordingly.  Upon termination or expiration of this Contract, the Consultant shall make available to the Client an inventory of such equipment, vehicles and materials and shall dispose of such equipment, vehicles and materials in accordance with the Client’s instructions. While in possession of such equipment, vehicles and materials, the Consultant, unless otherwise instructed by the Client in writing, shall insure them at the expense of the Client in an amount equal to their full replacement value.
      2. \n\t\t\t\t\t
    2. Any equipment or materials brought by the Consultant or its Experts into the Client’s country for the use either for the project or personal use shall remain the property of the Consultant or the Experts concerned, as applicable.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Code of Conduct
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t

Not used

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Forced Labor
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Consultant, including its Subconsultants, shall not employ or engage forced labor. Forced labor consists of any work or service, not voluntarily performed, that is exacted from an individual under threat of force or penalty, and includes any kind of involuntary or compulsory labor, such as indentured labor, bonded labor or similar labor-contracting arrangements.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\n\t\t\t

No persons shall be employed or engaged who have been subject to trafficking. Trafficking in persons is defined as the recruitment, transportation, transfer, harboring or receipt of persons by means of the threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power, or of a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purposes of exploitation.

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Child Labor
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Consultant, including its Subconsultants, shall not employ or engage a child under the age of 14 unless the national law specifies a higher age (the minimum age).
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\n\t\t\t

The Consultant, including its Subconsultants, shall not employ or engage a child between the minimum age and the age of 18 in a manner that is likely to be hazardous, or to interfere with, the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral, or social development.

\n\n\t\t\t

The Consultant, including its Subconsultants, shall only employ or engage children between the minimum age and the age of 18 after an appropriate risk assessment has been conducted by the Consultant with the Client’s consent. The Consultant shall be subject to regular monitoring by the Client that includes monitoring of health, working conditions and hours of work.

\n\n\t\t\t

Work considered hazardous for children is work that, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety, or morals of children. Such work activities prohibited for children include work:

\n\n\t\t\t
    \n\t\t\t\t
  1. with exposure to physical, psychological or sexual abuse;
    2. \n\t\t\t\t
  2. underground, underwater, working at heights or in confined spaces;
    3. \n\t\t\t\t
  3. with dangerous machinery, equipment or tools, or involving handling or transport of heavy loads;
    4. \n\t\t\t\t
  4. in unhealthy environments exposing children to hazardous substances, agents, or processes, or to temperatures, noise or vibration damaging to health; or
    5. \n\t\t\t\t
  5. under difficult conditions such as work for long hours, during the night or in confinement on the premises of the employer.
    6. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Non-Discrimination and Equal Opportunity
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Consultant shall not make decisions relating to the employment or treatment of Experts on the basis of personal characteristics unrelated to inherent job requirements. The Consultant shall base the employment of Experts on the principle of equal opportunity and fair treatment, and shall not discriminate with respect to any aspects of the employment relationship, including recruitment and hiring, compensation (including wages and benefits), working conditions and terms of employment, access to training, job assignment, promotion, termination of employment or retirement, and disciplinary practices.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\n\t\t\t

Special measures of protection or assistance to remedy past discrimination or selection for a particular job based on the inherent requirements of the job shall not be deemed discrimination. The Consultant shall provide protection and assistance as necessary to ensure non-discrimination and equal opportunity, including for specific groups such as women, people with disabilities, migrant workers and children (of working age in accordance with Clause GCC 31).

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Training of Experts
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Consultant shall provide appropriate sensitization to the Experts on social aspects of the Contract, including on prohibition of SEA and SH.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\n\t\t\t

The Consultant shall provide training on SEA and SH, including its prevention, to any of its Experts who has a role to supervise other Experts.

\n\t\t\t
\n\n

D.  Consultant’s Experts and Sub-Consultants

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t
    \n\t\t\t\t
  1. Description of Key Experts
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The title, agreed job description, minimum qualification and estimated period of engagement to carry out the Services of each of the Consultant’s Key Experts are described in Appendix B. 
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Replacement of Key Experts
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Except as the Client may otherwise agree in writing, no changes shall be made in the Key Experts.
      2. \n\t\t\t\t\t
    2. Notwithstanding the above, the substitution of Key Experts during Contract execution may be considered only based on the Consultant’s written request and due to circumstances outside the reasonable control of the Consultant, including but not limited to death or medical incapacity. In such case, the Consultant shall forthwith provide as a replacement, a person of equivalent or better qualifications and experience, and at the same rate of remuneration.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Removal of Experts or Sub-consultants
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. If the Client finds that any of the Experts or Sub-consultant:
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t\t
  2. persists in any misconduct or lack of care;
    3. \n\t\t\t
\n\n\t\t\t

 

\n\n\t\t\t
    \n\t\t\t\t
  1. carries out duties incompetently or negligently;
    2. \n\t\t\t
\n\n\t\t\t

 

\n\n\t\t\t
    \n\t\t\t\t
  1. fails to comply with any provision of the Contract;
    2. \n\t\t\t
\n\n\t\t\t

 

\n\n\t\t\t
    \n\t\t\t\t
  1. based on reasonable evidence, is determined to have engaged in Fraud and Corruption during the execution of the Services;
    2. \n\t\t\t
\n\n\t\t\t

the Consultant shall, at the Client’s written request, provide a replacement.

\n\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. In the event that any of Key Experts, Non-Key Experts or Sub-consultants is found by the Client to be incompetent or incapable in discharging assigned duties, the Client, specifying the grounds therefore, may request the Consultant to provide a replacement.
      2. \n\t\t\t\t\t
    2. Any replacement of the removed Experts or Sub-consultants shall possess better qualifications and experience and shall be acceptable to the Client.
      3. \n\t\t\t\t\t
    3. Subject to the requirements in Clause GCC 36.3, and notwithstanding any requirement from the Client to request a replacement, the Consultant shall take immediate action as appropriate in response to any violation of (a) through (e) above. Such immediate action shall include removing (or causing to be removed) from carrying out the Services, any Expert who engages in (a) to (e) above.
      4. \n\t\t\t\t\t
    4. The Consultant shall bear all costs arising out of or incidental to any removal and/or replacement of such Experts.
      5. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\n

E.  Obligations of the Client

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t
    \n\t\t\t\t
  1. Assistance and Exemptions
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Unless otherwise specified in the SCC, the Client shall use its best efforts to:
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t\t
  2. Assist the Consultant with obtaining work permits and such other documents as shall be necessary to enable the Consultant to perform the Services.
    3. \n\t\t\t\t
  3. Assist the Consultant with promptly obtaining, for the Experts and, if appropriate, their eligible dependents, all necessary entry and exit visas, residence permits, exchange permits and any other documents required for their stay in the Client’s country while carrying out the Services under the Contract.
    4. \n\t\t\t\t
  4. Facilitate prompt clearance through customs of any property required for the Services and of the personal effects of the Experts and their eligible dependents.
    5. \n\t\t\t\t
  5. Issue to officials, agents and representatives of the Government all such instructions and information as may be necessary or appropriate for the prompt and effective implementation of the Services.
    6. \n\t\t\t\t
  6. Assist the Consultant and the Experts and any Sub-consultants employed by the Consultant for the Services with obtaining exemption from any requirement to register or obtain any permit to practice their profession or to establish themselves either individually or as a corporate entity in the Client’s country according to the applicable law in the Client’s country.
    7. \n\t\t\t\t
  7. Assist the Consultant, any Sub-consultants and the Experts of either of them with obtaining the privilege, pursuant to the applicable law in the Client’s country, of bringing into the Client’s country reasonable amounts of foreign currency for the purposes of the Services or for the personal use of the Experts and of withdrawing any such amounts as may be earned therein by the Experts in the execution of the Services.
    8. \n\t\t\t\t
  8. Provide to the Consultant any such other assistance as may be specified in the SCC.
    9. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Access to Project Site
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Client warrants that the Consultant shall have, free of charge, unimpeded access to the project site in respect of which access is required for the performance of the Services.  The Client will be responsible for any damage to the project site or any property thereon resulting from such access and will indemnify the Consultant and each of the experts in respect of liability for any such damage, unless such damage is caused by the willful default or negligence of the Consultant or any Sub-consultants or the Experts of either of them.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
 \n\t\t\t
    \n\t\t\t\t
  1. Change in the Applicable Law Related to Taxes and Duties
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. If, after the date of this Contract, there is any change in the applicable law in the Client’s country with respect to taxes and duties which increases or decreases the cost incurred by the Consultant in performing the Services, then the remuneration and reimbursable expenses otherwise payable to the Consultant under this Contract shall be increased or decreased accordingly by agreement between the Parties hereto, and corresponding adjustments shall be made to the Contract price  amount specified in Clause GCC 39.1.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Services, Facilities and Property of the Client
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Client shall make available to the Consultant and the Experts, for the purposes of the Services and free of any charge, the services, facilities and property described in the Terms of Reference (Appendix A) at the times and in the manner specified in said Appendix A.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Counterpart Personnel
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Client shall make available to the Consultant free of charge such professional and support counterpart personnel, to be nominated by the Client with the Consultant’s advice, if specified in Appendix A.
      2. \n\t\t\t\t\t
    2. Professional and support counterpart personnel, excluding Client’s liaison personnel, shall work under the exclusive direction of the Consultant.  If any member of the counterpart personnel fails to perform adequately any work assigned to such member by the Consultant that is consistent with the position occupied by such member, the Consultant may request the replacement of such member, and the Client shall not unreasonably refuse to act upon such request.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Payment Obligation
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. In consideration of the Services performed by the Consultant under this Contract, the Client shall make such payments to the Consultant for the deliverables specified in Appendix A and in such manner as is provided by GCC F below.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\n

F.  Payments to the Consultant

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t
    \n\t\t\t\t
  1.  Contract Price
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Contract price is fixed and is set forth in the SCC. The Contract price breakdown is provided in Appendix C.
      2. \n\t\t\t\t\t
    2. Any change to the Contract price specified in Clause GCC 43.1 can be made only if the Parties have agreed to the revised scope of Services pursuant to Clause GCC 16 and have amended in writing the Terms of Reference in Appendix A.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Taxes and Duties
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Consultant, Sub-consultants and Experts are responsible for meeting any and all tax liabilities arising out of the Contract unless it is stated otherwise in the SCC. 
      2. \n\t\t\t\t\t
    2. As an exception to the above and as stated in the SCC, all local identifiable indirect taxes (itemized and finalized at Contract negotiations) are reimbursed to the Consultant or are paid by the Client on behalf of the Consultant.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Currency of Payment
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Any payment under this Contract shall be made in the currency (ies) of the Contract.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Mode of Billing and Payment
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The total payments under this Contract shall not exceed the Contract price set forth in Clause GCC 43.1.
      2. \n\t\t\t\t\t
    2. The payments under this Contract shall be made in lump-sum instalments against deliverables specified in Appendix A. The payments will be made according to the payment schedule stated in the SCC. 
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\n\t\t\t

46.2.1 Advance payment: Unless otherwise indicated in the SCC, an advance payment shall be made against an advance payment bank guarantee acceptable to the Client in an amount (or amounts) and in a currency (or currencies) specified in the SCC. Such guarantee (i) is to remain effective until the advance payment has been fully set off, and (ii) is to be in the form set forth in Appendix D, or in such other form as the Client shall have approved in writing. The advance payments will be set off by the Client in equal portions against the lump-sum installments specified in the SCC until said advance payments have been fully set off.

\n\n\t\t\t

           46.2.2           The Lump-Sum Installment Payments. The Client shall pay the Consultant within sixty (60) days after the receipt by the Client of the deliverable(s) and the cover invoice for the related lump-sum installment payment.   The payment can be withheld if the Client does not approve the submitted deliverable(s) as satisfactory in which case the Client shall provide comments to the Consultant within the same sixty (60) days period. The Consultant shall thereupon promptly make any necessary corrections, and thereafter the foregoing process shall be repeated.   

\n\n\t\t\t

           46.2.3           The Final Payment. The final payment under this Clause shall be made only after the final report have been submitted by the Consultant and approved as satisfactory by the Client.  The Services shall then be deemed completed and finally accepted by the Client. The last lump-sum installment shall be deemed approved for payment by the Client  within ninety (90) calendar days after receipt of the final report by the Client unless the Client, within such ninety (90) calendar day period, gives written notice to the Consultant specifying in detail deficiencies in the Services, the final report.  The Consultant shall thereupon promptly make any necessary corrections, and thereafter the foregoing process shall be repeated. 

\n\n\t\t\t

46.2.4 All payments under this Contract shall be made to the accounts of the Consultant specified in the SCC.

\n\n\t\t\t

46.2.5 With the exception of the final payment under 46.2.3 above, payments do not constitute acceptance of the whole Services nor relieve the Consultant of any obligations hereunder.   

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Interest on Delayed Payments
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. If the Client had delayed payments beyond fifteen (15) days after the due date stated in Clause GCC 46.2.2, interest shall be paid to the Consultant on any amount due by, not paid on, such due date for each day of delay at the annual rate stated in the SCC.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\n

G.  Fairness and Good Faith

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t
    \n\t\t\t\t
  1. Good Faith
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Parties undertake to act in good faith with respect to each other’s rights under this Contract and to adopt all reasonable measures to ensure the realization of the objectives of this Contract.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\n

H.  Settlement of Disputes

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t
    \n\t\t\t\t
  1. Amicable Settlement
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Parties shall seek to resolve any dispute amicably by mutual consultation.
      2. \n\t\t\t\t\t
    2. If either Party objects to any action or inaction of the other Party, the objecting Party may file a written Notice of Dispute to the other Party providing in detail the basis of the dispute. The Party receiving the Notice of Dispute will consider it and respond in writing within fourteen (14) days after receipt. If that Party fails to respond within fourteen (14) days, or the dispute cannot be amicably settled within fourteen (14) days following the response of that Party, Clause GCC 50.1 shall apply.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Dispute Resolution
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Any dispute between the Parties arising under or related to this Contract that cannot be settled amicably may be referred to by either Party to the adjudication/arbitration in accordance with the provisions specified in the SCC.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\n

 

\n\n

II. General Conditions

\n\n

Attachment 1

\n\n

Fraud and Corruption

\n\n

(Text in this Attachment shall not be modified)

\n\n

 

\n\n
    \n\t
  1. Purpose\n\n\t
      \n\t\t
    1. The Bank’s Anti-Corruption Guidelines and this annex apply with respect to procurement under Bank Investment Project Financing operations.
      2. \n\t
    \n\t
    2. \n\t
  2. Requirements
    3. \n
\n\n
    \n\t
  1. The Bank requires that Borrowers (including beneficiaries of Bank financing); bidders (applicants/proposers), consultants, contractors and suppliers; any sub-contractors, sub-consultants, service providers or suppliers; any agents (whether declared or not); and any of their personnel, observe the highest standard of ethics during the procurement process, selection and contract execution of Bank-financed contracts, and refrain from Fraud and Corruption.
    2. \n\t
  2. To this end, the Bank:
    3. \n
\n\n
    \n\t
  1. Defines, for the purposes of this provision, the terms set forth below as follows:
    2. \n
\n\n
    \n\t
  1. “corrupt practice” is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party;
    2. \n\t
  2. “fraudulent practice” is any act or omission, including misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain financial or other benefit or to avoid an obligation;
    3. \n\t
  3. “collusive practice” is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party;
    4. \n\t
  4. “coercive practice” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party;
    5. \n\t
  5. “obstructive practice” is:
    6. \n
\n\n
    \n\t
  1. deliberately destroying, falsifying, altering, or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a Bank investigation into allegations of a corrupt, fraudulent, coercive, or collusive practice; and/or threatening, harassing, or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or
    2. \n\t
  2. acts intended to materially impede the exercise of the Bank’s inspection and audit rights provided for under paragraph 2.2 e. below.
    3. \n
\n\n
    \n\t
  1. Rejects a proposal for award if the Bank determines that the firm or individual recommended for award, any of its personnel, or its agents, or its sub-consultants, sub-contractors, service providers, suppliers and/ or their employees, has, directly or indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing for the contract in question;
    2. \n\t
  2. In addition to the legal remedies set out in the relevant Legal Agreement, may take other appropriate actions, including declaring misprocurement, if the Bank determines at any time that representatives of the Borrower or of a recipient of any part of the proceeds of the loan engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices during the procurement process, selection and/or execution of the contract in question,  without the Borrower having taken timely and appropriate action satisfactory to the Bank to address such practices when they occur, including by failing to inform the Bank in a timely manner at the time  they knew of the practices;
    3. \n\t
  3. Pursuant to the Bank’s Anti- Corruption Guidelines and in accordance with the Bank’s prevailing sanctions policies and procedures, may sanction a firm or individual, either indefinitely or for a stated period of time, including by publicly declaring such firm or individual ineligible (i) to be awarded or otherwise benefit from a Bank-financed contract, financially or in any other manner;[5] (ii) to be a nominated[6] sub-contractor, consultant, manufacturer or supplier, or service provider of an otherwise eligible firm being awarded a Bank-financed contract; and (iii) to receive the proceeds of any loan made by the Bank or otherwise to participate further in the preparation or implementation of any Bank-financed project;
    4. \n\t
  4. Requires that a clause be included in bidding/request for proposals documents and in contracts financed by a Bank loan, requiring (i) bidders (applicants/proposers), consultants, contractors, and suppliers, and their sub-contractors, sub-consultants, service providers, suppliers, agents personnel, permit the Bank to inspect[7] all accounts, records and other documents relating to the  procurement process, selection and/or contract execution, and to have them audited by auditors appointed by the Bank.
    5. \n
\n\n

 

\n\n

 

\n\n
    \n\t
  1. Special Conditions of Contract
    2. \n
\n\n

[Notes in brackets are for guidance purposes only and should be deleted in the final text of the signed contract]

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Number of GC Clause

\n\t\t\t		\n\t\t\t

Amendments of, and Supplements to, Clauses in the General Conditions of Contract

\n\t\t\t
\n\t\t\t

1.1(a)

\n\t\t\t		\n\t\t\t

The Contract shall be construed in accordance with the law of India

\n\t\t\t
\n\t\t\t

4.1

\n\t\t\t		\n\t\t\t

The language is: English.

\n\t\t\t
\n\t\t\t

6.1 and 6.2

\n\t\t\t		\n\t\t\t

The addresses are [fill in at negotiations with the selected firm]:

\n\n\t\t\t

 

\n\n\t\t\t

Client :                                                                                               

\n\n\t\t\t

                                                                                                           

\n\n\t\t\t

Attention :                                                                                         

\n\n\t\t\t

Facsimile :                                                                                          

\n\n\t\t\t

E-mail (where permitted):                                                                  

\n\n\t\t\t

 

\n\n\t\t\t

Consultant :                                                                                       

\n\n\t\t\t

                                                                                                           

\n\n\t\t\t

Attention :                                                                                         

\n\n\t\t\t

Facsimile :                                                                                          

\n\n\t\t\t

E-mail (where permitted) :                                                                 

\n\t\t\t
\n\t\t\t

8.1

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

[Note: If the Consultant consists only of one entity, state “N/A”;

\n\n\t\t\t

OR

\n\n\t\t\t

If the Consultant is a Joint Venture consisting of more than one entity, the name of the JV member whose address is specified in Clause SCC 6.1 should be inserted here.]

\n\n\t\t\t

The Lead Member on behalf of the JV is ___________ ______________________________ [insert name of the member]

\n\t\t\t
\n\t\t\t

9.1

\n\t\t\t		\n\t\t\t

The Authorized Representatives are:

\n\n\t\t\t

 

\n\n\t\t\t

For the Client:           [name, title]                                                   

\n\n\t\t\t

 

\n\n\t\t\t

For the Consultant:   [name, title]                                                   

\n\t\t\t
\n\t\t\t

11.1

\n\t\t\t		\n\t\t\t

The effectiveness conditions are the following: Signing of Contract by both the parties, after due approvals.

\n\n\t\t\t

 

\n\n\t\t\t

[modify, if required e,g. to include effectiveness of the Bank [loan/credit/grant]; receipt by the Consultant of an advance payment, and by the Client of an advance payment guarantee (see Clause SCC 50.1(a)); etc.]

\n\t\t\t
\n\t\t\t

12.1

\n\t\t\t		\n\t\t\t

Termination of Contract for Failure to Become Effective:

\n\n\t\t\t

 

\n\n\t\t\t

The time period shall be 30 days. [modify, if necessary].

\n\t\t\t
\n\t\t\t

13.1

\n\t\t\t		\n\t\t\t

Commencement of Services:

\n\n\t\t\t

 

\n\n\t\t\t

The number of days shall be 10 days. [modify, if necessary]

\n\n\t\t\t

 

\n\n\t\t\t

Confirmation of Key Experts’ availability to start the Assignment shall be submitted to the Client in writing as a written statement signed by each Key Expert.

\n\t\t\t
\n\t\t\t

14.1

\n\t\t\t		\n\t\t\t

Expiration of Contract: The time period shall be 48 Months

\n\t\t\t
\n\t\t\t

21 b.

\n\t\t\t		\n\t\t\t

The Client reserves the right to determine on a case-by-case basis whether the Consultant should be disqualified from providing goods, works or non-consulting services due to a conflict of a nature described in Clause GCC 21.1.3

\n\n\t\t\t

 

\n\n\t\t\t

Yes

\n\t\t\t
\n\n

 

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

23.1

\n\t\t\t		\n\t\t\t

No additional provisions.

\n\t\t\t
\n\t\t\t

24.1

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

The insurance coverage against the risks shall be as follows:

\n\n\t\t\t

 

\n\n\t\t\t

(a) Professional liability insurance, with a minimum coverage of ______________________ [insert amount and currency which should be not less than the total ceiling amount of the Contract];

\n\n\t\t\t

 

\n\n\t\t\t

(b)     Third Party motor vehicle liability insurance in respect of motor vehicles operated in the Client’s country by the Consultant or its Experts or Sub-consultants, with a minimum coverage as per the latest Amended Motor Vehicles Act, India;

\n\n\t\t\t

 

\n\n\t\t\t

(c)     Third Party liability insurance, with a minimum coverage of [insert amount and currency or state “in accordance with the applicable law in India”];

\n\n\t\t\t

 

\n\n\t\t\t

(d)    employer’s liability and workers’ compensation insurance in respect of the experts and Sub-consultants in accordance with the relevant provisions of the applicable law in the Client’s country, as well as, with respect to such Experts, any such life, health, accident, travel or other insurance as may be appropriate; and

\n\n\t\t\t

 

\n\n\t\t\t

(e)     insurance against loss of or damage to (i) equipment purchased in whole or in part with funds provided under this Contract, (ii) the Consultant’s property used in the performance of the Services, and (iii) any documents prepared by the Consultant in the performance of the Services.

\n\n\t\t\t

 

\n\t\t\t
\n\t\t\t

27.1

\n\t\t\t		\n\t\t\t

None

\n\t\t\t
\n\t\t\t

27.2

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

The Consultant shall not use any documents and software or project related information for purposes unrelated to this Contract without the prior written approval of the Client.

\n\t\t\t
\n\t\t\t

37.1

\n\n\t\t\t

(a) through (f)

\n\t\t\t		\n\t\t\t

[List here any changes or additions to Clause GCC 37.1. If there are no such changes or additions, delete this Clause SCC 37.1.]

\n\t\t\t
\n\t\t\t

37.1(g)

\n\t\t\t		\n\t\t\t

[List here any other assistance to be provided by the Client.  If there is no such other assistance, delete this Clause SCC 37.1(g).]

\n\t\t\t
\n\t\t\t

43.1

\n\t\t\t		\n\t\t\t

The Contract price is: Rs. ___________________ [insert amount] [indicate: inclusive or exclusive] of local indirect taxes.

\n\n\t\t\t

 

\n\n\t\t\t

Any indirect local taxes chargeable in respect of this Contract for the Services provided by the Consultant shall be paid by the Consultant. The Client shall only reimburse Goods & Services Tax (GST) payable on the contract value by the consultants, as per Applicable Law in India subject to the Client, performing such duties in regard to the deduction of taxes as may be lawfully imposed. However, Consultant shall have to produce to the Client, all relevant documents establishing the proof of payment/ filing of return to the tax authority etc. The consultant shall register itself for GST with appropriate authority in India & shall provide the Registration Number to the Client.

\n\n\t\t\t

 

\n\n\t\t\t

The amount of such taxes is ____________________ [insert the amount as finalized at the Contract’s negotiations on the basis of the estimates provided by the Consultant in Form FIN-2 of the Consultant’s Financial Proposal.]

\n\t\t\t
\n\t\t\t

44.1 and 44.2

\n\t\t\t		\n\t\t\t

The consultants, sub-consultants and the Personnel shall pay the taxes, taxes, duties, fees, levies and other impositions levied under the existing, amended or enacted laws during life of this contract and the client shall perform such duties in this regard to the deduction of such taxes as may be lawfully imposed.

\n\n\t\t\t

The Client shall only reimburse the Goods and Services Tax (GST) payable on the contract value by the consultants, as per Applicable Law in India, subject to the Client, performing such duties in regard to the deduction of taxes as may be lawfully imposed. However, Consultant shall have to produce to the Client, all relevant documents establishing the proof of payment/ filing of return to the tax authority etc.

\n\t\t\t
\n\t\t\t

46.2

\n\t\t\t		\n\t\t\t\n\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\n\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\n\t\t\t
\n\t\t\t\t\t\t

Sl. No

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Topic

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Timeline

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Payments

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

A

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Inception Report & Course Design

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

T+ 1 Month

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

As quoted in FORM FIN 5

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

B

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Content Development

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

 

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

1

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Development of content for trainings based on approved curriculum & course design relating to

\n\n\t\t\t\t\t\t\n\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\n\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t

a) KSWMP Project management and implementation

\n\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t

b) Procurement

\n\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t

c) Environmental Management safeguards

\n\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t

d) Social Management Safeguards

\n\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t

e) SWM Sector Specific Subjects

\n\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t

f) ULB level trainings

\n\t\t\t\t\t\t\t\t\t
\n\n\t\t\t\t\t\t

 

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Progressively within T+6 Months

\n\n\t\t\t\t\t\t

Each module to be delivered at least two weeks prior to scheduled training as per approved training plan 

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Monthly payments against receipt and approval of deliverables

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

2

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

50 training videos each of minimum duration 30 minutes on different subjects in the curriculum identified by the SPMU shall be prepared and delivered (as presented by the respective expert). The content shall include lectures supported by proper graphical explanatories and learning materials. The video shall be in HD format maintaining quality production standards.

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

T+6 Months

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Against Delivery

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

3

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Development of Materials including answer keys for evaluating and assessing the effectiveness of trainings

\n\n\t\t\t\t\t\t

 

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

To be delivered along with the training content at least two weeks prior to scheduled training as per approved training plan

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Against delivery

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

C

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Delivery of Training as per the Schedule attached in Annexure-1

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

 

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

1

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Delivery of trainings both digital platform based and classroom trainings, including the course materials & certificates to the participants.

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

As per training calendar and specified time limits

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Monthly payments upon certification of successful completion

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

2

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Organising Exposure Visits

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Against timetable prepared by the consultant and approval by client

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Monthly Payments on pro rata basis upon completion of visits

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

3

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Uploading of training completion Status on Digital Platform of all trainings in MIS system of KSWMP.

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Within 10 days after each training

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

 

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

4

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Updating of feedback into the MIS system of KSWMP for all trainings and exposure visits.

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Within 10 days after each training

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

 

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

5

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Assessment and evaluation relating to all trainings and uploading of related reports MIS system of KSWMP.

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Within 10 days of each training completed

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

 

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

C

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Report on monthly progress

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Within 10 days of every month

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

 

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

D

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Report on progress in every quarter

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Within 10 days after each quarter

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

 

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

E

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Completion Report

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

One month prior to the contract completion date.

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

 

\n\t\t\t\t\t\t
\n\n\t\t\t

 

\n\t\t\t
\n\t\t\t

46.2.1 

\n\t\t\t		\n\t\t\t

Not Applicable

\n\t\t\t
\n\t\t\t

46.2.4

\n\t\t\t		\n\t\t\t

The account is:

\n\n\t\t\t

 

\n\n\t\t\t

[insert account] for Rs.

\n\t\t\t
\n\t\t\t

47.1

\n\t\t\t		\n\t\t\t

The interest rate is: For local currency: 3% for INR part

\n\t\t\t
\n\t\t\t

50.1

\n\t\t\t		\n\t\t\t

Disputes shall be settled by arbitration in accordance with the following provisions:

\n\n\t\t\t

1.      Selection of Arbitrators.  Each dispute submitted by a Party to arbitration shall be heard by a sole arbitrator or an arbitration panel composed of three (3) arbitrators, in accordance with the following provisions:

\n\n\t\t\t

 

\n\n\t\t\t

(a)     Where the Parties agree that the dispute concerns a technical matter, they may agree to appoint a sole arbitrator or, failing agreement on the identity of such sole arbitrator within thirty (30) days after receipt by the other Party of the proposal of a name for such an appointment by the Party who initiated the proceedings, either Party may apply to [name an appropriate professional body, e.g., Indian Council of Arbitration/ President of the Institution of Engineers (India)/ The International Centre for Alternative Disputes Resolution (India)*] for a list of not fewer than five (5) nominees and, on receipt of such list, the Parties shall alternately strike names therefrom, and the last remaining nominee on the list shall be the sole arbitrator for the matter in dispute.  If the last remaining nominee has not been determined in this manner within sixty (60) days of the date of the list, [insert the name of the same professional body as above] shall appoint, upon the request of either Party and from such list or otherwise, a sole arbitrator for the matter in dispute.

\n\n\t\t\t

 

\n\n\t\t\t

(b)    Where the Parties do not agree that the dispute concerns a technical matter, the Client and the Consultant shall each appoint one (1) arbitrator, and these two arbitrators shall jointly appoint a third arbitrator, who shall chair the arbitration panel.  If the arbitrators named by the Parties do not succeed in appointing a third arbitrator within thirty (30) days after the latter of the two (2) arbitrators named by the Parties has been appointed, the third arbitrator shall, at the request of either Party, be appointed by [name an appropriate appointing authority, e.g., Indian Council of Arbitration/ President of the Institution of Engineers (India)/ The International Centre for Alternative Disputes Resolution (India)*].

\n\n\t\t\t

 

\n\n\t\t\t

(c)     If, in a dispute subject to paragraph (b) above, one Party fails to appoint its arbitrator within thirty (30) days after the other Party has appointed its arbitrator, the Party which has named an arbitrator may apply to the [name the same appointing authority as in said paragraph (b)] to appoint a sole arbitrator for the matter in dispute, and the arbitrator appointed pursuant to such application shall be the sole arbitrator for that dispute.

\n\t\t\t
 \n\t\t\t

2.      Rules of Procedure. Arbitration proceedings shall be conducted in accordance with the procedure of the Arbitration & Conciliation Act 1996, of India.

\n\n\t\t\t

 

\n\n\t\t\t

3.      Substitute Arbitrators.  If for any reason an arbitrator is unable to perform his/her function, a substitute shall be appointed in the same manner as the original arbitrator.

\n\n\t\t\t

 

\n\n\t\t\t

4.       Nationality and Qualifications of Arbitrators.  The sole arbitrator or the third arbitrator appointed pursuant to paragraphs 1(a) through 1(c) above shall be a recognized legal or technical expert with extensive experience in relation to the matter in dispute.

\n\t\t\t
 \n\t\t\t

5.      Miscellaneous.  In any arbitration proceeding hereunder:

\n\n\t\t\t

 

\n\n\t\t\t

(a)     proceedings shall, unless otherwise agreed by the Parties, be held in the city where the contract is signed;

\n\n\t\t\t

(b)     the English language shall be the official language for all purposes;

\n\n\t\t\t
    \n\t\t\t\t
  1. the decision of the sole arbitrator or of a majority of the arbitrators (or of the third arbitrator if there is no such majority) shall be final and binding and shall be enforceable in any court of competent jurisdiction, and the Parties hereby waive any objections to or claims of immunity in respect of such enforcement.
    2. \n\t\t\t\t
  2. Where the value of the contract is Rs.50 million and below, the disputes or differences arising shall be referred to the Sole Arbitrator. The Sole Arbitrator should be appointed by agreement between the parties; failing such agreement, by the appointing authority, namely the Indian Council of Arbitration/President of the Institution of Engineers (India)/The International Centre for Alternative Disputes Resolution (India)*.
    3. \n\t\t\t\t
  3. The Arbitrator should give final award within……… days of starting of the proceedings [indicate the days (Between 120-180) by which arbitrator should give award].
    4. \n\t\t\t\t
  4. Performance under the contract shall continue during the arbitration proceedings and payments due to the consultant by the Client shall not be withheld, unless they are the subject matter of the arbitration proceedings.
    5. \n\t\t\t
\n\n\t\t\t

 

\n\n\t\t\t

* Choose one alternative. Insert Chairman of the Executive Committee of the Indian Roads Congress (for highway project) or any other appropriate institution (for other types of consultancies).

\n\n\t\t\t

Alternatively

\n\n\t\t\t

[Apart from the adhoc arbitration services obtained through mutually agreed Arbitrator(s) as above, Institutional arbitration services are also available in India. Institutional arbitration (and mediation) dispute resolution mechanisms can be gainfully used, preferably for relatively larger contracts. Following clause may be included, if it is decided to use Institutional Services for arbitration for resolution of disputes, and in such a case other clauses related to Arbitration/ Arbitrator would be deleted. In the sample clause below, substitute the reference to ‘Rules of Domestic Commercial Arbitration of the Indian Council of Arbitration’ by the specific institution that is sought to be engaged e.g. The International Centre for Alternative Dispute Resolution (ICADR), The Indian Institute of Arbitration and Mediation (IIAM), Indian Chamber’s Council of Arbitration, Delhi International Arbitration Centre (DAC), Construction Industry Arbitration Council (CIAC), Council For National and International Commercial Arbitration, London Court of International Arbitration (India Centre) or the like.]

\n\n\t\t\t

"Any dispute or difference whatsoever arising between the parties out of or relating to the construction, meaning, scope, operation or effect of this contract or the validity or the breach thereof shall be settled by arbitration in accordance with the Rules of Domestic Commercial Arbitration of the Indian Council of Arbitration and the award made in pursuance thereof shall be binding on the parties.

\n\n\t\t\t

 

\n\n\t\t\t

The arbitral tribunal shall consist of 3 Arbitrators, arbitration proceedings shall be held at__________, India and the language of the arbitration proceedings and that of all documents and communications between the parties shall be English”. [ICA rules provide for arbitration tribunal of 3 arbitrators if the value of claim is over Rs 10 Million unless the parties have agreed otherwise for a sole arbitrator].

\n\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n

 

\n\n
    \n\t
  1. Appendices
    2. \n
\n\n

Appendix A – Terms of Reference

\n\n

 

\n\n

[This Appendix shall include the final Terms of Reference (TORs) worked out by the Client and the Consultant during the negotiations; dates for completion of various tasks; location of performance for different tasks; detailed reporting requirements and list of deliverables against which the payments to the Consultant will be made; Client’s input, including counterpart personnel assigned by the Client to work on the Consultant’s team; specific tasks or actions that require prior approval by the Client.

\n\n

 

\n\n

Insert the text based on the Section 7 (Terms of Reference) of the ITC in the RFP and modified based on the Forms TECH-1 through TECH-5 of the Consultant’s Proposal. Highlight the changes to Section 7 of the RFP]

\n\n

 

\n\n

………………………………………………………………………………………………

\n\n

 

\n\n

 

\n\n

Appendix B - Key Experts

\n\n

 

\n\n

[Insert a table based on Form TECH-6 of the Consultant’s Technical Proposal and finalized at the Contract’s negotiations. Attach the CVs (updated and signed by the respective Key Experts) demonstrating the qualifications of Key Experts.]

\n\n

 

\n\n

 

\n\n

……………………………………………………………………………………………………

\n\n

 

\n\n

 

\n\n

Appendix C – Breakdown of Contract Price

\n\n

 

\n\n

[Insert the table with the unit rates to arrive at the breakdown of the lump-sum price. The table shall be based on [Form FIN-3 and FIN-4] of the Consultant’s Proposal and reflect any changes agreed at the Contract negotiations, if any. The footnote shall list such changes made to [Form FIN-3 and FIN-4] at the negotiations or state that none has been made.]

\n\n

 

\n\n

When the Consultant has been selected under Quality-Based Selection method, also add the following:

\n\n

 

\n\n

“The agreed remuneration rates shall be stated in the attached Model Form I. This form shall be prepared on the basis of Appendix A to Form FIN-3 of the RFP “Consultants’ Representations regarding Costs and Charges” submitted by the Consultant to the Client prior to the Contract’s negotiations.

\n\n

 

\n\n

 Should these representations be found by the Client (either through inspections or audits pursuant to Clause GCC 25.2 or through other means) to be materially incomplete or inaccurate, the Client shall be entitled to introduce appropriate modifications in the remuneration rates affected by such materially incomplete or inaccurate representations.  Any such modification shall have retroactive effect and, in case remuneration has already been paid by the Client before any such modification, (i) the Client shall be entitled to offset any excess payment against the next monthly payment to the Consultants, or (ii) if there are no further payments to be made by the Client to the Consultants, the Consultants shall reimburse to the Client any excess payment within thirty (30) days of receipt of a written claim of the Client.  Any such claim by the Client for reimbursement must be made within twelve (12) calendar months after receipt by the Client of a final report and a final statement approved by the Client in accordance with Clause GCC 46.2.3 of this Contract.”]

\n\n

 

\n\n

 

\n\n

Model Form I

\n\n

Breakdown of Agreed Fixed Rates in Consultant’s Contract

\n\n

 

\n\n

We hereby confirm that we have agreed to pay to the Experts listed, who will be involved in performing the Services, the basic fees and away from the home office allowances (if applicable) indicated below:

\n\n

 

\n\n

(Expressed in Rs.)

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Experts

\n\t\t\t		\n\t\t\t

1

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

5

\n\t\t\t		\n\t\t\t

6

\n\t\t\t		\n\t\t\t

7

\n\t\t\t		\n\t\t\t

8

\n\t\t\t
\n\t\t\t

Name

\n\t\t\t		\n\t\t\t

Position

\n\t\t\t		\n\t\t\t

Basic Remuneration rate per Working Month/Day/Year

\n\t\t\t		\n\t\t\t

Social Charges1

\n\t\t\t		\n\t\t\t

Overhead1

\n\t\t\t		\n\t\t\t

Subtotal

\n\t\t\t		\n\t\t\t

Profit2

\n\t\t\t		\n\t\t\t

Away from Home Office Allowance

\n\t\t\t		\n\t\t\t

Agreed Fixed Rate per Working Month/Day/Hour

\n\t\t\t		\n\t\t\t

Agreed Fixed Rate per Working Month/Day/Hour1

\n\t\t\t
\n\t\t\t

Home Office

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

Work in the Client’s Country

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n

1      Expressed as percentage of 1

\n\n

2      Expressed as percentage of 4

\n\n

 

\n\n

 

\n\n

                                                                                                                                                                                   

\n\n

Signature                                                                                                         Date

\n\n

 

\n\n

Name and Title:                                                                     

\n\n

 

\n\n

 

\n\n

Appendix D - Form of Advance Payments Guarantee

\n\n

[See Clause GCC 42.2.1 and SCC 46.2.1]

\n\n

 

\n\n

{Guarantor letterhead or SWIFT identifier code}

\n\n

 

\n\n

Bank Guarantee for Advance Payment

\n\n

 

\n\n

Guarantor: ___________________ [insert commercial Bank’s Name, and Address of Issuing Branch or Office]

\n\n

Beneficiary:   _________________ [insert Name and Address of Client]

\n\n

Date:   ____________[insert date]____

\n\n

ADVANCE PAYMENT GUARANTEE No.:      ___________[insert number]______

\n\n

We have been informed that ____________ [name of Consultant or a name of the Joint Venture, same as appears on the signed Contract] (hereinafter called "the Consultant") has entered into Contract No. _____________ [reference number of the contract] dated ___[insert date]_________ with the Beneficiary, for the provision of __________________ [brief description of Services] (hereinafter called "the Contract").

\n\n

Furthermore, we understand that, according to the conditions of the Contract, an advance payment in the sum of ___________ [insert amount in figures] (                       ) [amount in words] is to be made against an advance payment guarantee.

\n\n

At the request of the Consultant, we, as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding in total an amount of ___________ [amount in figures] (                       ) [amount in words]1 upon receipt by us of the Beneficiary’s complying demand  supported by the Beneficiary’s a written statement, whether in the demand itself or in a separate signed document accompanying or identifying the demand, stating that the Consultant is  in breach of its obligation under the Contract because the Consultant:

\n\n

 

\n\n

(a)        has failed to repay the advance payment in accordance with the Contract conditions, specifying the amount which the Consultant has failed to repay;

\n\n

(b)        has used the advance payment for purposes other than toward providing the Services under the Contract.

\n\n

It is a condition for any claim and payment under this guarantee to be made that the advance payment referred to above must have been received by the Consultant on their account number ___________ at _________________ [name and address of bank].

\n\n

The maximum amount of this guarantee shall be progressively reduced by the amount of the advance payment repaid by the Consultant as indicated in certified statements or invoices marked as “paid” by the Client which shall be presented to us.  This guarantee shall expire, at the latest, upon our receipt of the payment certificate or paid invoice indicating that the Consultant has made full repayment of the amount of the advance payment, or on the __ day of _[month]__________, [year]__,2  whichever is earlier.  Consequently, any demand for payment under this guarantee must be received by us at this office on or before that date.

\n\n

 

\n\n

This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 revision, ICC Publication No. 758.

\n\n

 

\n\n

_____________________

\n\n

[signature(s)]

\n\n

 

\n\n

{Note:  All italicized text is for indicative purposes only to assist in preparing this form and shall be deleted from the final product.}

\n\n

 

\n\n

[1] [“loan agreement” term is used for IBRD loans; “financing agreement” is used for IDA credits; and “grant agreement” is used for Recipient-Executed Trust Funds administered by IBRD or IDA]

\n\n

[2]       For the avoidance of doubt, a sanctioned party’s ineligibility to be awarded a contract shall include, without limitation, (i) applying for pre-qualification, expressing interest in a consultancy, and bidding, either directly or as a nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider, in respect of such contract, and (ii) entering into an addendum or amendment introducing a material modification to any existing contract.

\n\n

[3]       A nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider (different names are used depending on the particular bidding document) is one which has been: (i) included by the bidder in its pre-qualification application or bid because it brings specific and critical experience and know-how that allow the bidder to meet the qualification requirements for the particular bid; or (ii) appointed by the Borrower. 

\n\n

[4]       Inspections in this context usually are investigative (i.e., forensic) in nature.  They involve fact-finding activities undertaken by the Bank or persons appointed by the Bank to address specific matters related to investigations/audits, such as evaluating the veracity of an allegation of possible Fraud and Corruption, through the appropriate mechanisms.  Such activity includes but is not limited to: accessing and examining a firm's or individual's financial records and information, and making copies thereof as relevant; accessing and examining any other documents, data and information (whether in hard copy or electronic format) deemed relevant for the investigation/audit, and making copies thereof as relevant; interviewing staff and other relevant individuals; performing physical inspections and site visits; and obtaining third party verification of information.

\n\n

[5]       For the avoidance of doubt, a sanctioned party’s ineligibility to be awarded a contract shall include, without limitation, (i) applying for pre-qualification, expressing interest in a consultancy, and bidding, either directly or as a nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider, in respect of such contract, and (ii) entering into an addendum or amendment introducing a material modification to any existing contract.

\n\n

[6]       A nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider (different names are used depending on the particular bidding document) is one which has been: (i) included by the bidder in its pre-qualification application or bid because it brings specific and critical experience and know-how that allow the bidder to meet the qualification requirements for the particular bid; or (ii) appointed by the Borrower. 

\n\n

[7]       Inspections in this context usually are investigative (i.e., forensic) in nature.  They involve fact-finding activities undertaken by the Bank or persons appointed by the Bank to address specific matters related to investigations/audits, such as evaluating the veracity of an allegation of possible Fraud and Corruption, through the appropriate mechanisms.  Such activity includes but is not limited to: accessing and examining a firm's or individual's financial records and information, and making copies thereof as relevant; accessing and examining any other documents, data and information (whether in hard copy or electronic format) deemed relevant for the investigation/audit, and making copies thereof as relevant; interviewing staff and other relevant individuals; performing physical inspections and site visits; and obtaining third party verification of information.

\n\n

1   The Guarantor shall insert an amount representing the amount of the advance payment and denominated either in the currency(ies) of the advance payment as specified in the Contract, or in a freely convertible currency acceptable to the Client.

\n\n

2   Insert the expected expiration date. In the event of an extension of the time for completion of the Contract, the Client would need to request an extension of this guarantee from the Guarantor.  Such request must be in writing and must be made prior to the expiration date established in the guarantee. In preparing this guarantee, the Client might consider adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months][one year], in response to the Client’s written request for such extension, such request to be presented to the Guarantor before the expiry of the guarantee.”

"},{"id":"OP00224963","notice_type":"Request for Expression of Interest","noticedate":"27-Apr-2023","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2023-05-16T00:00:00Z","submission_deadline_time":"16:00","project_ctry_name":"India","project_id":"P168633","project_name":"Kerala Solid Waste Management Project","bid_reference_no":"IN-SUCM -357376-CS-QCBS","bid_description":"Preparation of Environmental and Social Impact Assessment for Regional Sanitary Landfills and Transfer Stations in two clusters and Independent review of ESIAs for dumpsite remediation","procurement_group":"CS","procurement_method_code":"QCBS","procurement_method_name":"Quality And Cost-Based Selection","contact_address":"Swaraj Bhavan\nNanthancodu, Kowdiar\nThiruvananthapuram 695 003","contact_ctry_name":"India","contact_email":"adeelaabdullaias@gmail.com","contact_name":"Adeela Abdulla IAS","contact_organization":"Suchitwa Mission (State PMU)","contact_phone_no":"8848678982","contact_web_url":"www.sanitation.kerala.gov.in","submission_date":"2023-04-27T00:00:00Z","notice_text":"

 

\n\n

 

\n\n

 

\n\n

SELECTION OF CONSULTANTS

\n\n

 

\n\n

 

\n\n

REQUEST FOR PROPOSALS

\n\n

(DIRECT RFP WITHOUT EOI)

\n\n

(by e-procurement)

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

RFP No.:IN-SUCM-357376-CS-QCBS

\n\n

 

\n\n

 

\n\n

 

\n\n

Consulting Services for:

\n\n

Preparation of Environmental and Social Impact Assessment

\n\n

for regional Sanitary Landfills and Transfer

\n\n

Stations in two Clusters and independent review of ESIAs for dumpsite remediation

\n\n

 

\n\n

 

\n\n

 

\n\n

Client:          KERALA SOLID WASTE MANAGEMENT PROJECT (KSWMP)

\n\n

                     LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT OF KERALA

\n\n

 

\n\n

Country:      INDIA

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Project:

\n\t\t\t		\n\t\t\t

Regional Sanitary Landfill Facility and Transfer Stations in   Cluster 1 and Cluster 4 in the State of Kerala

\n\t\t\t
\n\n

 

\n\n

 

\n\n

Issued on:     April 25, 2023

\n\n

 

\n\n

TABLE OF CONTENT

\n\n

 

\n\n

PART I                                                                                                                                       3

\n\n

Section 1. Letter of Invitation                                                                                              3

\n\n

Section 2. Instructions to Consultants and Data Sheet                                                        7

\n\n

Section 3.  Technical Proposal – Standard Forms                                                              46

\n\n

Section 4.  Financial Proposal - Standard Forms                                                                58

\n\n

Section 5.  Eligible Countries                                                                                             69

\n\n

Section 6.  Fraud and Corruption                                                                                       70

\n\n

Section 7.  Terms of Reference                                                                                           72

\n\n

PART II                                                                                                                                  107

\n\n

Section 8. Conditions of Contract and Contract Forms                                                   107

\n\n

 

\n\n

 

\n\n

 

\n\n

Letter of Invitation

\n\n

Consulting Services

\n\n

 

\n\n

 

\n\n

Name of Assignment: Preparation of Environmental and Social Impact Assessment for regional Sanitary Landfills and Transfer Stations in two Clusters and independent review of ESIAs for dumpsite remediation

\n\n

RFP Reference No.: IN-SUCM-357376-CS-QCBS

\n\n

Loan No./Credit No./ Grant No.: IBRD-P4960

\n\n

Location and Date: Thiruvananthapuram, Kerala, India

\n\n

Date: 25 April 2023

\n\n

 

\n\n

Dear Mr. /Ms.:

\n\n

 

\n\n
    \n\t
  1. The Government of Kerala through Government of India (hereinafter called “Borrower”) has received financing from the International Bank for Reconstruction and Development (IBRD) (the “Bank”) in the form of a “loan” (hereinafter called “loan” toward the cost of the KERALA SOLID WASTE MANAGEMENT PROJECT (KSWMP). The Kerala Solid Waste Management Project (KSWMP), Local Self Government Department, Government of Kerala, an implementing agency of the Client, intends to apply a portion of the proceeds of this loan to eligible payments under the contract for which this Request for Proposals is issued.
    2. \n\t
  2. The Kerala Solid Waste Management Project (KSWMP)now invites online proposals to provide the following consulting services (hereinafter called “Services”): Preparation of Environmental and Social Impact Assessment for regional Sanitary Landfills and Transfer Stations in two Clusters and independent review of ESIAs for dumpsite remediation.  More details on the Services are provided in the Terms of Reference (Section 7).
    3. \n\t
  3. A firm will be selected under Quality-cum-Cost Based Selection (QCBS) procedures and in a Full Technical Proposal (FTP) format as described in this RFP, in accordance with the Bank’s “Procurement Regulations for IPF Borrowers” Fourth Edition November 2020 (“Procurement Regulations”), which can be found at the following website: www.worldbank.org
    4. \n\t
  4. The RFP includes the following documents:
    5. \n
\n\n

Section 1 – Request for Proposals Letter

\n\n

Section 2 - Instructions to Consultants and Data Sheet

\n\n

Section 3 - Technical Proposal FTP - Standard Forms

\n\n

Section 4 - Financial Proposal - Standard Forms

\n\n

Section 5 – Eligible Countries

\n\n

Section 6 – Fraud and Corruption

\n\n

Section 7 - Terms of Reference

\n\n

Section 8 - Standard Forms of Contract (Lump-Sum)

\n\n
    \n\t
  1. Details on the proposal’s submission date, time and address are provided in ITC 17.7 and ITC 17.9.
    2. \n
\n\n

 

\n\n

Yours sincerely,

\n\n

 

\n\n

Dr. Adeela Abdulla IAS

\n\n

Project Director

\n\n

Address: Upper Ground Floor, Trans Towers, Vazhuthacaud,

\n\n

Thiruvananthapuram -695014, Kerala, India

\n\n

Telephone: +91 471-2333011

\n\n

E-Mail: tenderkswmp@gmail.com;

\n\n

Website: www.kswmp.org;

\n\n

 

\n\n

 

\n\n

TABLE OF CONTENT

\n\n

 

\n\n

A.  General Provisions                                                                                                                7

\n\n

1.    Definitions                                                                                                                      7

\n\n

2.    Introduction                                                                                                                    9

\n\n

3.    Conflict of Interest                                                                                                         9

\n\n

4.    Unfair Competitive Advantage                                                                                    11

\n\n

5.    Fraud and Corruption                                                                                                   11

\n\n

6.    Eligibility                                                                                                                      11

\n\n

B.  Preparation of Proposals                                                                                                     13

\n\n

7.    General Considerations                                                                                                 13

\n\n

8.    Cost of Preparation of Proposal                                                                                    13

\n\n

9.    Language                                                                                                                      13

\n\n

10. Documents Comprising the Proposal                                                                            13

\n\n

11. Only One Proposal                                                                                                        13

\n\n

12. Proposal Validity                                                                                                          13

\n\n

13. Clarification and Amendment of RFP                                                                         15

\n\n

14. Preparation of Proposals Specific Considerations                                                        15

\n\n

15. Technical Proposal Format and Content                                                                       16

\n\n

16. Financial Proposal                                                                                                         16

\n\n

C.  Submission, Opening and Evaluation                                                                                 17

\n\n

17. Submission, Sealing, and Marking of Proposals                                                           17

\n\n

18. Confidentiality                                                                                                              18

\n\n

19. Opening of Technical Proposals                                                                                   19

\n\n

20. Proposals Evaluation                                                                                                     19

\n\n

21. Evaluation of Technical Proposals                                                                                20

\n\n

22. Financial Proposals for QBS                                                                                         20

\n\n

23. Public Opening of Financial Proposals (for QCBS, FBS, and LCS methods)             20

\n\n

24. Correction of Errors                                                                                                      21

\n\n

25. Taxes                                                                                                                             22

\n\n

26. Combined Quality and Cost Evaluation                                                                       22

\n\n

D.  Negotiations and Award                                                                                                    23

\n\n

27. Negotiations                                                                                                                  23

\n\n

28. Conclusion of Negotiations                                                                                          24

\n\n

29. Notification of Award                                                                                                  25

\n\n

30. Signing of Contract                                                                                                      25

\n\n

31. Procurement Related Complaint                                                                                   26

\n\n

E.  Data Sheet                                                                                                                           27

\n\n

 

\n\n

 

\n\n

 

\n\n

Instructions to Consultants

\n\n

A.  General Provisions

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t
    \n\t\t\t\t
  1. Definitions
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. “Affiliate(s)” means an individual or an entity that directly or indirectly controls, is controlled by, or is under common control with the Consultant.
    2. \n\t\t\t\t
  2. “Applicable Law” means the laws and any other instruments having the force of law in the Client’s country, or in such other country as may be specified in the Data Sheet, as they may be issued and in force from time to time.
    3. \n\t\t\t\t
  3. “Bank” means the International Bank for Reconstruction and Development (IBRD) or the International Development Association (IDA).
    4. \n\t\t\t\t
  4. “Borrower” means the Government, Government agency or other entity that signs the [loan/financing/grant[1]] agreement with the Bank.
    5. \n\t\t\t\t
  5. “Client” means the implementing agency that signs the Contract for the Services with the selected Consultant.
    6. \n\t\t\t\t
  6.  “Client’s Personnel” is as defined in Clause GCC 1.1 (e).
    7. \n\t\t\t\t
  7. “Consultant” means a legally-established professional consulting firm or an entity that may provide or provides the Services to the Client under the Contract.
    8. \n\t\t\t\t
  8. “Contract” means a legally binding written agreement signed between the Client and the Consultant and includes all the attached documents listed in its Clause 1 (the General Conditions of Contract (GCC), the Special Conditions of Contract (SCC), and the Appendices).
    9. \n\t\t\t\t
  9. “Data Sheet” means an integral part of the Instructions to Consultants (ITC) Section 2 that is used to reflect specific country and assignment conditions to supplement, but not to over-write, the provisions of the ITC.
    10. \n\t\t\t\t
  10. “Day” means a calendar day, unless otherwise specified as “Business Day”. A Business Day is any day that is an official working day of the Borrower. It excludes the Borrower’s official public holidays.
    11. \n\t\t\t\t
  11. “Experts” means, collectively, Key Experts, Non-Key Experts, or any other personnel of the Consultant, Sub-consultant or Joint Venture member(s).
    12. \n\t\t\t\t
  12. “Government” means the government of the Client’s country.
    13. \n\t\t\t\t
  13. “in writing” means communicated in written form (e.g. by mail, e-mail, fax, including, if specified in the Data Sheet, distributed or received through the electronic-procurement system used by the Client) with proof of receipt.
    14. \n\t\t\t\t
  14. “Joint Venture (JV)” means an association with or without a legal personality distinct from that of its members, of more than one Consultant where one member has the authority to conduct all business for and on behalf of any and all the members of the JV, and where the members of the JV are jointly and severally liable to the Client for the performance of the Contract.
    15. \n\t\t\t\t
  15. “Key Expert(s)” means an individual professional whose skills, qualifications, knowledge and experience are critical to the performance of the Services under the Contract and whose CV is taken into account in the technical evaluation of the Consultant’s proposal.
    16. \n\t\t\t\t
  16. “ITC” (this Section 2 of the RFP) means the Instructions to Consultants that provides the Consultants with all information needed to prepare their Proposals.
    17. \n\t\t\t\t
  17. “Non-Key Expert(s)” means an individual professional provided by the Consultant or its Sub-consultant and who is assigned to perform the Services or any part thereof under the Contract and whose CVs are not evaluated individually.
    18. \n\t\t\t\t
  18. “Proposal” means the Technical Proposal and the Financial Proposal of the Consultant.
    19. \n\t\t\t\t
  19. “RFP” means the Request for Proposals to be prepared by the Client for the selection of Consultants, based on the SPD - RFP.
    20. \n\t\t\t\t
  20. “Services” means the work to be performed by the Consultant pursuant to the Contract.
    21. \n\t\t\t\t
  21. “SPD - RFP” means the Standard Procurement Document - Request for Proposals, which must be used by the Client as the basis for the preparation of the RFP.
    22. \n\t\t\t\t
  22. “Sub-consultant” means an entity to whom the Consultant intends to subcontract any part of the Services while the Consultant remains responsible to the Client during the whole performance of the Contract.
    23. \n\t\t\t\t
  23. “Terms of Reference (TORs)” (this Section 7 of the RFP) means the Terms of Reference that explains the objectives, scope of work, activities, and tasks to be performed, respective responsibilities of the Client and the Consultant, and expected results and deliverables of the assignment.
    24. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Introduction
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1.      The Client named in the Data Sheet intends to select a Consultant from those listed in the Request for Proposals (RFP), in accordance with the method of selection specified in the Data Sheet.
      2. \n\t\t\t\t\t
    2. The Consultants are invited to submit a Technical Proposal and a Financial Proposal, or a Technical Proposal only, as specified in the Data Sheet, for consulting services required for the assignment named in the Data Sheet. The Proposal will be the basis for negotiating and ultimately signing the Contract with the selected Consultant.
      3. \n\t\t\t\t\t
    3. The Consultants should familiarize themselves with the local conditions and take them into account in preparing their Proposals, including attending a pre-proposal conference if one is specified in the Data Sheet. Attending any such pre-proposal conference is optional and is at the Consultants’ expense.
      4. \n\t\t\t\t\t
    4. The Client will timely provide, at no cost to the Consultants, the inputs, relevant project data, and reports required for the preparation of the Consultant’s Proposal as specified in the Data Sheet.
      5. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Conflict of Interest
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Consultant is required to provide professional, objective, and impartial advice, at all times holding the Client’s interests paramount, strictly avoiding conflicts with other assignments or its own corporate interests, and acting without any consideration for future work.
      2. \n\t\t\t\t\t
    2. The Consultant has an obligation to disclose to the Client any situation of actual or potential conflict that impacts its capacity to serve the best interest of its Client. Failure to disclose such situations may lead to the disqualification of the Consultant or the termination of its Contract and/or sanctions by the Bank.\n\t\t\t\t\t
        \n\t\t\t\t\t\t
      1. Without limitation on the generality of the foregoing, the Consultant shall not be hired under the circumstances set forth below:
        2. \n\t\t\t\t\t
      \n\t\t\t\t\t
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

a.  Conflicting Activities

\n\t\t\t		\n\t\t\t

(i)      Conflict between consulting activities and procurement of goods, works or non-consulting services: a firm that has been engaged by the Client to provide goods, works, or non-consulting services for a project, or any of its Affiliates, shall be disqualified from providing consulting services resulting from or directly related to those goods, works, or non-consulting services. Conversely, a firm hired to provide consulting services for the preparation or implementation of a project, or any of its Affiliates, shall be disqualified from subsequently providing goods or works or non-consulting services resulting from or directly related to the consulting services for such preparation or implementation.

\n\t\t\t
\n\t\t\t

b.  Conflicting Assignments

\n\t\t\t		\n\t\t\t

(ii)     Conflict among consulting assignments: a Consultant (including its Experts and Sub-consultants) or any of its Affiliates shall not be hired for any assignment that, by its nature, may be in conflict with another assignment of the Consultant for the same or for another Client.

\n\t\t\t
\n\t\t\t

c. Conflicting Relationships

\n\t\t\t		\n\t\t\t

(iii)    Relationship with the Client’s staff: a Consultant (including its Experts and Sub-consultants) that has a close business or family relationship with a professional staff  of the Borrower (or of the Client, or of implementing agency, or of a recipient of a part of the Bank’s financing) who are directly or indirectly involved in any part of (i) the preparation of the Terms of Reference for the assignment, (ii) the selection process for the Contract, or (iii) the supervision of the Contract, may not be awarded a Contract, unless the conflict stemming from this relationship has been resolved in a manner acceptable to the Bank throughout the selection process and the execution of the Contract.

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Unfair Competitive Advantage
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Fairness and transparency in the selection process require that the Consultants or their Affiliates competing for a specific assignment do not derive a competitive advantage from having provided consulting services related to the assignment in question. To that end, the Client shall indicate in the Data Sheet and make available to all Consultants together with this RFP all information that would in that respect give such Consultant any unfair competitive advantage over competing Consultants. 
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Fraud and Corruption
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Bank requires compliance with the Bank’s Anti-Corruption Guidelines and its prevailing sanctions policies and procedures as set forth in the WBG’s Sanctions Framework, as set forth in Section 6.
      2. \n\t\t\t\t\t
    2. In further pursuance of this policy, Consultants shall permit and shall cause their agents (where declared or not), subcontractors, subconsultants, service providers, suppliers, and personnel, to permit the Bank to inspect all accounts, records and other documents relating to any shortlisting process, Proposal submission, and contract performance (in the case of award), and to have them audited by auditors appointed by the Bank.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Eligibility
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Bank permits consultants (individuals and firms, including Joint Ventures and their individual members) from all countries to offer consulting services for Bank-financed projects.
      2. \n\t\t\t\t\t
    2. Furthermore, it is the Consultant’s responsibility to ensure that its Experts, joint venture members, Sub-consultants, agents (declared or not), sub-contractors, service providers, suppliers and/or their employees meet the eligibility requirements as established by the Bank in the applicable Procurement Regulations.
      3. \n\t\t\t\t\t
    3. As an exception to the foregoing ITC 6.1 and ITC 6.2 above:
      4. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

a. Sanctions

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. \n\t\t\t\t\t
        \n\t\t\t\t\t\t
      1. A Consultant that has been sanctioned by the Bank, pursuant to the Bank’s Anti-Corruption Guidelines and in accordance with its prevailing sanctions policies and procedures as set forth in the WBG’s Sanctions Framework as described in Section VI, Fraud and Corruption, paragraph 2.2 d., shall be ineligible to be shortlisted for, submit proposals for, or be awarded a Bank-financed contract or benefit from a Bank-financed contract, financially or otherwise, during such period of time as the Bank shall have determined. The list of debarred firms and individuals is available at the electronic address specified in the Data Sheet.
        2. \n\t\t\t\t\t
      \n\t\t\t\t\t
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

b. Prohibitions

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. \n\t\t\t\t\t
        \n\t\t\t\t\t\t
      1. Firms and individuals of a country or goods manufactured in a country may be ineligible if so indicated in Section 5 (Eligible Countries) and:
        2. \n\t\t\t\t\t
      \n\t\t\t\t\t
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\n\t\t\t

(a)    as a matter of law or official regulations, the Borrower’s country prohibits commercial relations with that country, provided that the Bank is satisfied that such exclusion does not preclude effective competition for the provision of Services required; or

\n\n\t\t\t

(b)   by an act of compliance with a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, the Borrower’s Country prohibits any import of goods from that country or any payments to any country, person, or entity in that country.

\n\t\t\t
\n\t\t\t

c. Restrictions for State-Owned Enterprises

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. \n\t\t\t\t\t
        \n\t\t\t\t\t\t
      1. State-owned enterprises or institutions in the Borrower’s country may be eligible to compete and be awarded a contract only if they can establish, in a manner acceptable to the Bank, that they: (i) are legally and financially autonomous, (ii) operate under commercial law, and (iii) are not under supervision of the Client. 
        2. \n\t\t\t\t\t
      \n\t\t\t\t\t
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

d. Restrictions for Public Employees

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. \n\t\t\t\t\t
        \n\t\t\t\t\t\t
      1. Government officials and civil servants of the Borrower’s country are not eligible to be included as Experts, individuals, or members of a team of Experts in the Consultant’s Proposal unless:
        2. \n\t\t\t\t\t
      \n\t\t\t\t\t
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\n\t\t\t

(i) the services of the government official or civil servant are of a unique and exceptional nature, or their participation is critical to project implementation; and

\n\n\t\t\t

(ii) their hiring would not create a conflict of interest, including any conflict with employment or other laws, regulations, or policies of the Borrower.

\n\t\t\t
\n\t\t\t

B.  Preparation of Proposals

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. General Considerations
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. In preparing the Proposal, the Consultant is expected to examine the RFP in detail. Material deficiencies in providing the information requested in the RFP may result in rejection of the Proposal.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Cost of Preparation of Proposal
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Consultant shall bear all costs associated with the preparation and submission of its Proposal, and the Client shall not be responsible or liable for those costs, regardless of the conduct or outcome of the selection process. The Client is not bound to accept any proposal, and reserves the right to annul the selection process at any time prior to Contract award, without thereby incurring any liability to the Consultant.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Language
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Proposal, as well as all correspondence and documents relating to the Proposal exchanged between the Consultant and the Client, shall be written in the language(s) specified in the Data Sheet.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Documents Comprising the Proposal
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Proposal shall comprise the documents and forms listed in the Data Sheet.
      2. \n\t\t\t\t\t
    2. If specified in the Data Sheet, the Consultant shall include a statement of an undertaking of the Consultant to observe, in competing for and executing a contract, the Client country’s laws against fraud and corruption (including bribery).
      3. \n\t\t\t\t\t
    3. The Consultant shall furnish information on commissions, gratuities, and fees, if any, paid or to be paid to agents or any other party relating to this Proposal and, if awarded, Contract execution, as requested in the Financial Proposal submission form (Section 4).
      4. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Only One Proposal
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Consultant (including the individual members of any Joint Venture) shall submit only one Proposal, either in its own name or as part of a Joint Venture in another Proposal. If a Consultant, including any Joint Venture member, submits or participates in more than one proposal, all such proposals shall be disqualified and rejected. This does not, however, preclude a Sub-consultant, or the Consultant’s staff from participating as Key Experts and Non-Key Experts in more than one Proposal when circumstances justify and if stated in the Data Sheet.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Proposal Validity
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Proposals shall remain valid until the date specified in the Data Sheet or any extended date if amended by the Client in accordance with ITC 13.1.1.
      2. \n\t\t\t\t\t
    2. During this period, the Consultant shall maintain its original Proposal without any change, including the availability of the Key Experts, the proposed rates and the total price.
      3. \n\t\t\t\t\t
    3. If it is established that any Key Expert nominated in the Consultant’s Proposal was not available at the time of Proposal submission or was included in the Proposal without his/her confirmation, such Proposal shall be disqualified and rejected for further evaluation, and may be subject to sanctions in accordance with ITC 5.
      4. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

a. Extension of Proposal Validity

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Client will make its best effort to complete the negotiations and award the contract prior to the date of expiry of the Proposal validity. However, should the need arise, the Client may request, in writing, all Consultants who submitted Proposals prior to the submission deadline to extend the Proposals’ validity.
      2. \n\t\t\t\t\t
    2. If the Consultant agrees to extend the validity of its Proposal, it shall be done without any change in the original Proposal and with the confirmation of the availability of the Key Experts, except as provided in ITC 12.7.
      3. \n\t\t\t\t\t
    3. The Consultant has the right to refuse to extend the validity of its Proposal in which case such Proposal will not be further evaluated.
      4. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

b. Substitution of Key Experts at Validity Extension

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. If any of the Key Experts become unavailable for the extended validity period, the Consultant shall seek to substitute another Key Expert. The Consultant shall provide a written adequate justification and evidence satisfactory to the Client together with the substitution request. In such case, a substitute Key Expert shall have equal or better qualifications and experience than those of the originally proposed Key Expert. The technical evaluation score, however, will remain to be based on the evaluation of the CV of the original Key Expert.
      2. \n\t\t\t\t\t
    2. If the Consultant fails to provide a substitute Key Expert with equal or better qualifications, or if the provided reasons for the replacement or justification are unacceptable to the Client, such Proposal will be rejected with the prior Bank’s no objection.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

c. Sub-Contracting

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Consultant shall not subcontract the whole of the Services.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Clarification and Amendment of RFP
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Consultant may request a clarification of any part of the RFP during the period indicated in the Data Sheet before the Proposals’ submission deadline. Any request for clarification must be sent in writing, or by standard electronic means, to the Client’s address indicated in the Data Sheet. The Client will respond in writing, or by standard electronic means, and will send written copies of the response (including an explanation of the query but without identifying its source) to all Consultants. Should the Client deem it necessary to amend the RFP as a result of a clarification, it shall do so following the procedure described below:\n\t\t\t\t\t
        \n\t\t\t\t\t\t
      1. At any time before the proposal submission deadline, the Client may amend the RFP by issuing an amendment in writing or by standard electronic means. The amendment shall be sent to all Consultants and will be binding on them. The Consultants shall acknowledge receipt of all amendments in writing.
        2. \n\t\t\t\t\t\t
      2. If the amendment is substantial, the Client may extend the proposal submission deadline to give the Consultants reasonable time to take an amendment into account in their Proposals.
        3. \n\t\t\t\t\t
      \n\t\t\t\t\t
      2. \n\t\t\t\t\t
    2.  The Consultant may submit a modified Proposal or a modification to any part of it at any time prior to the proposal submission deadline. No modifications to the Technical or Financial Proposal shall be accepted after the deadline.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Preparation of Proposals Specific Considerations
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. While preparing the Proposal, the Consultant must give particular attention to the following:\n\t\t\t\t\t
        \n\t\t\t\t\t\t
      1. If a Consultant considers that it may enhance its expertise for the assignment by associating with other consultants in the form of a Joint Venture or as Sub-consultants, it may do so. 
        2. \n\t\t\t\t\t\t
      2. The Client may indicate in the Data Sheet the estimated Key Experts’ time input (expressed in person-month) or the Client’s estimated total cost of the assignment, but not both. This estimate is indicative and the Proposal shall be based on the Consultant’s own estimates for the same.
        3. \n\t\t\t\t\t\t
      3. If stated in the Data Sheet, the Consultant shall include in its Proposal at least the same time input (in the same unit as indicated in the Data Sheet) of Key Experts, failing which the Financial Proposal will be adjusted for the purpose of comparison of proposals and decision for award in accordance with the procedure in the Data Sheet.
        4. \n\t\t\t\t\t\t
      4. For assignments under the Fixed-Budget selection method, the estimated Key Experts’ time input is not disclosed. Total available budget, with an indication whether it is inclusive or exclusive of taxes, is given in the Data Sheet, and the Financial Proposal shall not exceed this budget.
        5. \n\t\t\t\t\t
      \n\t\t\t\t\t
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Technical Proposal Format and Content
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Technical Proposal shall be prepared using the Standard Forms provided in Section 3 of the RFP and shall comprise the documents listed in the Data Sheet. The Technical Proposal shall not include any financial information. A Technical Proposal containing material financial information shall be declared non-responsive.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\n\t\t\t

15.1.1 Consultant shall not propose alternative Key Experts. Only one CV shall be submitted for each Key Expert position. Failure to comply with this requirement will make the Proposal non-responsive.

\n\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Depending on the nature of the assignment, the Consultant is required to submit a Full Technical Proposal (FTP), or a Simplified Technical Proposal (STP) as indicated in the Data Sheet and using the Standard Forms provided in Section 3 of the RFP.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Financial Proposal
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Financial Proposal shall be prepared using the    Standard Forms provided in Section 4 of the RFP. It shall list all costs associated with the assignment, including (a) remuneration for Key Experts and Non-Key Experts, (b) reimbursable expenses indicated in the Data Sheet.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

a. Price Adjustment

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. For assignments with a duration exceeding 18 months, a price adjustment provision for foreign and/or local inflation for remuneration rates applies if so stated in the Data Sheet.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

b. Taxes

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1.  The Consultant and its Sub-consultants and Experts are responsible for meeting all tax liabilities arising out of the Contract unless stated otherwise in the Data Sheet. Information on taxes in the Client’s country is provided in the Data Sheet.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

c. Currency of Proposal

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1.  The Consultant may express the price for its Services in the currency or currencies as stated in the Data Sheet. If indicated in the Data Sheet, the portion of the price representing local cost shall be stated in the national currency.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

d. Currency of Payment

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1.  Payment under the Contract shall be made in the currency or currencies in which the payment is requested in the Proposal.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

C.  Submission, Opening and Evaluation

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Submission, Sealing, and Marking of Proposals
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Consultant shall submit a signed and complete Proposal comprising the documents and forms in accordance with ITC 10 (Documents Comprising Proposal). Consultants shall mark as “CONFIDENTIAL” information in their Proposals which is confidential to their business. This may include proprietary information, trade secrets or commercial or financially sensitive information. The submission can be done by mail or by hand. If specified in the Data Sheet, the Consultant has the option of submitting its Proposals electronically.
      2. \n\t\t\t\t\t
    2. An authorized representative of the Consultant shall sign the original submission letters in the required format for both the Technical Proposal and, if applicable, the Financial Proposal and shall initial all pages of both. The authorization shall be in the form of a written power of attorney attached to the Technical Proposal.\n\t\t\t\t\t
        \n\t\t\t\t\t\t
      1. A Proposal submitted by a Joint Venture shall be signed by all members so as to be legally binding on all members, or by an authorized representative who has a written power of attorney signed by each member’s authorized representative.
        2. \n\t\t\t\t\t
      \n\t\t\t\t\t
      3. \n\t\t\t\t\t
    3. Any modifications, revisions, interlineations, erasures, or overwriting shall be valid only if they are signed or initialed by the person signing the Proposal.
      4. \n\t\t\t\t\t
    4. The signed Proposal shall be marked “Original”, and its copies marked “Copy” as appropriate. The number of copies is indicated in the Data Sheet. All copies shall be made from the signed original. If there are discrepancies between the original and the copies, the original shall prevail.
      5. \n\t\t\t\t\t
    5. The original and all the copies of the Technical Proposal shall be placed inside a sealed envelope clearly marked “Technical Proposal”, “[Name of the Assignment] “, [reference number], [name and address of the Consultant], and with a warning “Do Not Open until [insert the date and the time of the Technical Proposal submission deadline].”
      6. \n\t\t\t\t\t
    6. Similarly, the original Financial Proposal (if required for the applicable selection method) and its copies shall be placed inside of a separate sealed envelope clearly marked “Financial Proposal” “[Name of the Assignment], [reference number], [name and address of the Consultant]”, and with a warning “Do Not Open With The Technical Proposal.”
      7. \n\t\t\t\t\t
    7. The sealed envelopes containing the Technical and Financial Proposals shall be placed into one outer envelope and sealed. This outer envelope shall be addressed to the Client and bear the submission address, RFP reference number, the name of the assignment, the Consultant’s name and the address, and shall be clearly marked “Do Not Open Before [insert the time and date of the submission deadline indicated in the Data Sheet]”.
      8. \n\t\t\t\t\t
    8. If the envelopes and packages with the Proposal are not sealed and marked as required, the Client will assume no responsibility for the misplacement, loss, or premature opening of the Proposal.
      9. \n\t\t\t\t\t
    9. The Proposal or its modifications must be sent to the address indicated in the Data Sheet and received by the Client no later than the deadline indicated in the Data Sheet, or any extension to this deadline. Any Proposal or its modification received by the Client after the deadline shall be declared late and rejected, and promptly returned unopened.
      10. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Confidentiality
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. From the time the Proposals are opened to the time the Contract is awarded, the Consultant should not contact the Client on any matter related to its Technical and/or Financial Proposal. Information relating to the evaluation of Proposals and award recommendations shall not be disclosed to the Consultants who submitted the Proposals or to any other party not officially concerned with the process, until the Notification of Intention to Award the Contract. Exceptions to this ITC are where the Client notifies Consultants of the results of the evaluation of the Technical Proposals.
      2. \n\t\t\t\t\t
    2. Any attempt by Consultants or anyone on behalf of the Consultant to influence improperly the Client in the evaluation of the Proposals or Contract award decisions may result in the rejection of its Proposal, and may be subject to the application of prevailing Bank’s sanctions procedures.
      3. \n\t\t\t\t\t
    3. Notwithstanding the above provisions, from the time of the Proposals’ opening to the time of Contract award publication, if a Consultant wishes to contact the Client or the Bank on any matter related to the selection process, it shall do so only in writing.
      4. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Opening of Technical Proposals
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Client’s evaluation committee shall conduct the opening of the Technical Proposals in the presence of the Consultants’ authorized representatives who choose to attend (in person, or online if this option is offered in the Data Sheet). The opening date, time and the address are stated in the Data Sheet. The envelopes with the Financial Proposal shall remain sealed and shall be securely stored with a reputable public auditor or independent authority until they are opened in accordance with ITC 23.
      2. \n\t\t\t\t\t
    2. At the opening of the Technical Proposals the following shall be read out: (i) the name and the country of the Consultant or, in case of a Joint Venture, the name of the Joint Venture, the name of the lead member and the names and the countries of all members; (ii) the presence or absence of a duly sealed envelope with the Financial Proposal; (iii) any modifications to the Proposal submitted prior to proposal submission deadline; and (iv) any other information deemed appropriate or as indicated in the Data Sheet.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Proposals Evaluation
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Subject to provision of ITC 15.1, the evaluators of the Technical Proposals shall have no access to the Financial Proposals until the technical evaluation is concluded and the Bank issues its “no objection”, if applicable.
      2. \n\t\t\t\t\t
    2. The Consultant is not permitted to alter or modify its Proposal in any way after the proposal submission deadline except as permitted under ITC 12.7. While evaluating the Proposals, the Client will conduct the evaluation solely on the basis of the submitted Technical and Financial Proposals.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Evaluation of Technical Proposals
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Client’s evaluation committee shall evaluate the Technical Proposals on the basis of their responsiveness to the Terms of Reference and the RFP, applying the evaluation criteria, sub-criteria, and point system specified in the Data Sheet. Each responsive Proposal will be given a technical score. A Proposal shall be rejected at this stage if it does not respond to important aspects of the RFP or if it fails to achieve the minimum technical score indicated in the Data Sheet.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Financial Proposals for QBS
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1.  Following the ranking of the Technical Proposals, when the selection is based on quality only (QBS), the top-ranked Consultant is invited to negotiate the Contract.
      2. \n\t\t\t\t\t
    2. If Financial Proposals were invited together with the Technical Proposals, only the Financial Proposal of the technically top-ranked Consultant is opened by the Client’s evaluation committee. All other Financial Proposals are returned unopened after the Contract negotiations are successfully concluded and the Contract is signed.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Public Opening of Financial Proposals (for QCBS, FBS, and LCS methods)
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. After the technical evaluation is completed and the Bank has issued its no objection (if applicable), the Client shall notify those Consultants whose Proposals were considered non-responsive to the RFP and TOR or did not meet the minimum qualifying technical score, advising them the following:
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t\t
  2. their Proposal was not responsive to the RFP and TOR or did not meet the minimum qualifying technical score;
    3. \n\t\t\t\t
  3. provide information relating to the Consultant’s overall technical score, as well as scores obtained for each criterion and sub-criterion;
    4. \n\t\t\t\t
  4. their Financial Proposals will be returned unopened after completing the selection process and Contract signing; and
    5. \n\t\t\t\t
  5. notify them of the date, time and location of the public opening of the Financial Proposals and invite them to attend.\n\t\t\t\t
      \n\t\t\t\t\t
    1. The Client shall simultaneously notify in writing those Consultants whose Proposals were considered responsive to the RFP and TOR, and that have achieved the minimum qualifying technical score, advising them the following:
      2. \n\t\t\t\t
    \n\t\t\t\t
    6. \n\t\t\t
\n\n\t\t\t
    \n\t\t\t\t
  1. their Proposal was responsive to the RFP and TOR and met the minimum qualifying technical score;
    2. \n\t\t\t\t
  2. provide information relating to the Consultant’s overall technical score, as well as scores obtained for each criterion and sub-criterion;
    3. \n\t\t\t\t
  3. their Financial Proposal will be opened at the public opening of Financial Proposals; and
    4. \n\t\t\t\t
  4. notify them of the date, time and location of the public opening and invite them for the opening of the Financial Proposals.\n\t\t\t\t
      \n\t\t\t\t\t
    1. The opening date shall be no less than ten (10) Business Days from the date of notification of the results of the technical evaluation, described in ITC 23.1 and 23.2. However, if the Client receives a complaint on the results of the technical evaluation within the ten (10) Business Days, the opening date shall be subject to ITC 31.1.
      2. \n\t\t\t\t\t
    2. The Consultant’s attendance at the opening of the Financial Proposals (in person, or online if such option is indicated in the Data Sheet) is optional and is at the Consultant’s choice.
      3. \n\t\t\t\t\t
    3.  The Financial Proposals shall be opened publicly by the Client’s evaluation committee in the presence of the representatives of the Consultants and anyone else who chooses to attend. Any interested party who wishes to attend this public opening should contact the client as indicated in the Data Sheet. Alternatively, a notice of the public opening of Financial Proposals may be published on the Client’s website, if available. At the opening, the names of the Consultants, and the overall technical scores, including the break-down by criterion, shall be read aloud. The Financial Proposals will then be inspected to confirm that they have remained sealed and unopened. These Financial Proposals shall be then opened, and the total prices read aloud and recorded. Copies of the record shall be sent to all Consultants who submitted Proposals and to the Bank.
      4. \n\t\t\t\t
    \n\t\t\t\t
    5. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Correction of Errors
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Activities and items described in the Technical Proposal but not priced in the Financial Proposal, shall be assumed to be included in the prices of other activities or items, and no corrections are made to the Financial Proposal.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

a. Time-Based Contracts

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

24.1.1     If a Time-Based contract form is included in the RFP, the Client’s evaluation committee will (a) correct any computational or arithmetical errors, and (b) adjust the prices if they fail to reflect all inputs included for the respective activities or items included in the Technical Proposal. In case of discrepancy between (i) a partial amount (sub-total) and the total amount, or (ii) between the amount derived by multiplication of unit price with quantity and the total price, or (iii) between words and figures, the former will prevail. In case of discrepancy between the Technical and Financial Proposals in indicating quantities of input, the Technical Proposal prevails and the Client’s evaluation committee shall correct the quantification indicated in the Financial Proposal so as to make it consistent with that indicated in the Technical Proposal, apply the relevant unit price included in the Financial Proposal to the corrected quantity, and correct the total Proposal cost.

\n\t\t\t
\n\t\t\t

b. Lump-Sum Contracts

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

24.1.2   If a Lump-Sum contract form is included in the RFP, the Consultant is deemed to have included all prices in the Financial Proposal, so neither arithmetical corrections nor price adjustments shall be made. The total price, net of taxes understood as per ITC 25, specified in the Financial Proposal (Form FIN-1) shall be considered as the offered price. Where there is a discrepancy between the amount in words and the amount figures, the amount in words shall prevail.

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Taxes
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Client’s evaluation of the Consultant’s Financial Proposal shall exclude taxes and duties in the Client’s country in accordance with the instructions in the Data Sheet.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Combined Quality and Cost Evaluation
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Quality and Cost-Based Selection (QCBS)
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. In the case of QCBS, the total score is calculated by weighting the technical and financial scores and adding them as per the formula and instructions in the Data Sheet. The Consultant with the Most Advantageous Proposal, which is the Proposal that achieves the highest combined technical and financial scores, will be invited for negotiations.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

b. Fixed-Budget Selection (FBS)

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. In the case of FBS, those Proposals that exceed the budget indicated in ITC 14.1.4 of the Data Sheet shall be rejected.
      2. \n\t\t\t\t\t
    2. The Client will select the Consultant with the Most Advantageous Proposal, which is the highest-ranked Technical Proposal that does not exceed the budget indicated in the RFP, and invite such Consultant to negotiate the Contract.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

c. Least-Cost Selection

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. In the case of Least-Cost Selection (LCS), the Client will select the Consultant with the Most Advantageous Proposal, which is the Proposal with the lowest evaluated total price among those Proposals that achieved the minimum qualifying technical score, and invite such a Consultant to negotiate the Contract.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

D.  Negotiations and Award

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Negotiations
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The negotiations will be held at the date and address indicated in the Data Sheet with the Consultant’s representative(s) who must have written power of attorney to negotiate and sign a Contract on behalf of the Consultant.
      2. \n\t\t\t\t\t
    2. The Client shall prepare minutes of negotiations that are signed by the Client and the Consultant’s authorized representative.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

a. Availability of Key Experts

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The invited Consultant shall confirm the availability of all Key Experts included in the Proposal as a pre-requisite to the negotiations, or, if applicable, a replacement in accordance with ITC 12. Failure to confirm the Key Experts’ availability may result in the rejection of the Consultant’s Proposal and the Client proceeding to negotiate the Contract with the next-ranked Consultant.
      2. \n\t\t\t\t\t
    2. Notwithstanding the above, the substitution of Key Experts at the negotiations may be considered if due solely to circumstances outside the reasonable control of and not foreseeable by the Consultant, including but not limited to death or medical incapacity. In such case, the Consultant shall offer a substitute Key Expert within the period of time specified in the letter of invitation to negotiate the Contract, who shall have equivalent or better qualifications and experience than the original candidate.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

b. Technical Negotiations

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The negotiations include discussions of the Terms of Reference (TORs), the proposed methodology, the Client’s inputs, the special conditions of the Contract, and finalizing the “Description of Services” part of the Contract. These discussions shall not substantially alter the original scope of services under the TOR or the terms of the contract, lest the quality of the final product, its price, or the relevance of the initial evaluation be affected.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

c. Financial Negotiations

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1.  The negotiations include the clarification of the Consultant’s tax liability in the Client’s country and how it should be reflected in the Contract.
      2. \n\t\t\t\t\t
    2. If the selection method included cost as a factor in the evaluation, the total price stated in the Financial Proposal for a Lump-Sum contract shall not be negotiated.
      3. \n\t\t\t\t\t
    3. In the case of a Time-Based contract, unit rates negotiations shall not take place, except when the offered Key Experts and Non-Key Experts’ remuneration rates are much higher than the typically charged rates by consultants in similar contracts. In such case, the Client may ask for clarifications and, if the fees are very high, ask to change the rates after consultation with the Bank. The format for (i) providing information on remuneration rates in the case of Quality Based Selection; and (ii) clarifying remuneration rates’ structure under this Clause, is provided in Appendix A to the Financial Form FIN-3: Financial Negotiations – Breakdown of Remuneration Rates.
      4. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Conclusion of Negotiations
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1.  The negotiations are concluded with a review of the finalized draft Contract, which then shall be initialed by the Client and the Consultant’s authorized representative.
      2. \n\t\t\t\t\t
    2. If the negotiations fail, the Client shall inform the Consultant in writing of all pending issues and disagreements and provide a final opportunity to the Consultant to respond. If disagreement persists, the Client shall terminate the negotiations informing the Consultant of the reasons for doing so. After having obtained the Bank’s no objection, the Client will invite the next-ranked Consultant to negotiate a Contract. Once the Client commences negotiations with the next-ranked Consultant, the Client shall not reopen the earlier negotiations.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Notification of Award
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Upon expiry of the Standstill Period, specified in ITC 30.1 or any extension thereof, and upon satisfactorily addressing any complaint that has been filed within the Standstill Period, the Client shall, send a notification of award to the successful Consultant, confirming the Client’s intention to award the Contract to the successful Consultant and requesting the successful Consultant to sign and return the draft negotiated Contract within eight (8) Business Days from the date of receipt of such notification.   If specified in the Data Sheet, the client shall simultaneously request the successful Consultant to submit, within eight (8) Business Days, the Beneficial Ownership Disclosure Form.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\n\t\t\t

Contract Award Notice

\n\n\t\t\t

Within ten (10) Business Days from the date of notification of award such request, the Client shall publish the Contract Award Notice which shall contain, at a minimum, the following information:

\n\n\t\t\t
    \n\t\t\t\t
  1. name and address of the Client;
    2. \n\t\t\t\t
  2. name and reference number of the contract being awarded, and the selection method used;
    3. \n\t\t\t\t
  3. names of the consultants that submitted proposals, and their proposal prices as read out at financial proposal opening, and as evaluated;
    4. \n\t\t\t\t
  4. names of all Consultants whose Proposals were rejected or were not evaluated, with the reasons therefor;
    5. \n\t\t\t\t
  5. the name of the successful consultant, the final total contract price, the contract duration and a summary of its scope; and
    6. \n\t\t\t\t
  6. successful Consultant’s Beneficial Ownership Disclosure Form, if specified in Data Sheet ITC 32.1.\n\t\t\t\t
      \n\t\t\t\t\t
    1. The Contract Award Notice shall be published on the Client’s website with free access if available, or in at least one newspaper of national circulation in the Client’s Country, or in the official gazette. The Client shall also publish the contract award notice in UNDB online.
      2. \n\t\t\t\t
    \n\t\t\t\t
    7. \n\t\t\t
\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Signing of Contract
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Contract shall be signed prior to the expiry date of the Proposal validity and promptly after expiry of the Standstill Period, specified in ITC 30.1 or any extension thereof, and upon satisfactorily addressing any complaint that has been filed within the Standstill Period.
      2. \n\t\t\t\t\t
    2. The Consultant is expected to commence the assignment on the date and at the location specified in the Data Sheet.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Procurement Related Complaint
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The procedures for making a Procurement-related Complaint are as specified in the Data Sheet.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
    
\n\n

 

\n\n

Section 2. Instructions to Consultants

\n\n

E.  Data Sheet

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

ITC

\n\n\t\t\t

Reference

\n\t\t\t		\n\t\t\t

A. General

\n\t\t\t
\n\t\t\t

1 (m)

\n\t\t\t		\n\t\t\t

Electronic –Procurement System

\n\n\t\t\t

The Client shall use the following electronic-procurement system to manage this Request for Proposal (RFP) process:

\n\n\t\t\t

https://etenders.kerala.gov.in;

\n\n\t\t\t

The electronic-procurement system shall be used to manage the following part of the RFP process:

\n\n\t\t\t

Issuing RFP and Corrigenda, if any; submissions of Proposals, opening of Proposals, publication of Evaluation outcome

\n\t\t\t
\n\t\t\t

2.1

\n\t\t\t		\n\t\t\t

Name of the Client: Kerala Solid Waste Management Project (KSWMP)

\n\n\t\t\t

Method of selection: Quality-cum-Cost Based Selection (QCBS) as per

\n\n\t\t\t

the Procurement Regulations for IPF Borrowers Fourth Edition November 2020 (available on www.worldbank.org)

\n\t\t\t
\n\t\t\t

2.2

\n\t\t\t		\n\t\t\t

Financial Proposal to be submitted together with Technical Proposal: Yes.

\n\n\t\t\t

The name of the assignment is: Preparation of Environmental and Social Impact Assessment for regional Sanitary Landfills and Transfer Stations in two Clusters and independent review of ESIAs for dumpsite remediation

\n\t\t\t
\n\t\t\t

2.3

\n\t\t\t		\n\t\t\t

A pre-proposal conference will be held:  Yes  

\n\n\t\t\t

Date & Mode of pre-proposal conference: May 03, 2023; Online                  

\n\n\t\t\t

Time:11.00 AM

\n\n\t\t\t

Telephone: +91 471 2333 011 E-mail: tenderkswmp@gmail.com;

\n\n\t\t\t

Link for online pre-proposal conference will be shared by the Client on receipt of e-mail requests from interested Firms; 

\n\n\t\t\t

Contact person / Conference coordinator: Dr. Kannan Narayanan, Environmental Expert

\n\t\t\t
\n\t\t\t

2.4

\n\t\t\t		\n\t\t\t

The Client will provide the following inputs, project data, reports, etc. to facilitate the preparation of the Proposals:

\n\n\t\t\t

The inputs that will be provided by the Client are covered in detail in 0 7.9 of the Terms of Reference (ToR).

\n\t\t\t
\n\t\t\t

4.1

\n\t\t\t		\n\t\t\t

Not Applicable.

\n\t\t\t
\n\t\t\t

6.3.1

\n\t\t\t		\n\t\t\t

A list of debarred firms and individuals is available at the Bank’s external website: www.worldbank.org/debarr

\n\t\t\t
\n\t\t\t

B. Preparation of Proposals

\n\t\t\t
\n\t\t\t

9.1

\n\t\t\t		\n\t\t\t

This RFP has been issued in the English language.

\n\n\t\t\t

Proposals shall be submitted in English language.

\n\n\t\t\t

All correspondence exchange shall be in English language.

\n\t\t\t
\n\t\t\t

10.1

\n\t\t\t		\n\t\t\t

The Proposal shall comprise the following. The Technical and Financial Proposals shall be submitted online in the e-procurement system in separate folders:

\n\n\t\t\t

For FULL TECHNICAL PROPOSAL (FTP):

\n\n\t\t\t

The Technical Proposal comprising:

\n\n\t\t\t
    \n\t\t\t\t
  1. Power of Attorney to sign the Proposal  
    2. \n\t\t\t\t
  2. TECH-1
    3. \n\t\t\t\t
  3. TECH-2
    4. \n\t\t\t\t
  4. TECH-3
    5. \n\t\t\t\t
  5. TECH-4
    6. \n\t\t\t\t
  6. TECH-5
    7. \n\t\t\t\t
  7. TECH-6
    8. \n\t\t\t
\n\n\t\t\t

AND

\n\n\t\t\t

The Financial Proposal comprising:

\n\n\t\t\t

(1) FIN-1

\n\n\t\t\t

(2) FIN-2

\n\n\t\t\t

(3) FIN-3

\n\n\t\t\t

(4) FIN-4

\n\n\t\t\t

(5) FIN-5

\n\n\t\t\t

(6) Statement of Undertaking (if required under Data Sheet 10.2 below)

\n\t\t\t
\n\t\t\t

10.2

\n\t\t\t		\n\t\t\t

Statement of Undertaking is required: Yes.

\n\t\t\t
\n\t\t\t

11.1

\n\t\t\t		\n\t\t\t

Participation of Sub-consultants, Key Experts and Non-Key Experts in more than one Proposal is permissible: Yes.

\n\t\t\t
\n\t\t\t

12.1

\n\t\t\t		\n\t\t\t

Proposals shall be valid for 120 days’ calendar days

\n\t\t\t
\n\t\t\t

12.4

\n\t\t\t		\n\t\t\t

Replace second sentence of ITC 12.4 with the following:

\n\n\t\t\t

“However, should the need arise, any request for extension of validity will be hosted on e-procurement portal and an e-mail will be sent to each Consultant. The Consultants may send their response if any on the e-procurement portal and through e-mail at the e-mail id given in Data Sheet 2.3.

\n\t\t\t
\n\t\t\t

13

\n\t\t\t		\n\t\t\t

Replace ITC 13 with the following:

\n\n\t\t\t

“13.1. The e-procurement system specified in ITC 1(m) provides for online clarifications. A Consultant may request an online clarification of any part of the RFP during the period indicated in the Data Sheet before the Proposals’ submission deadline, or raise its inquiries during the pre-proposal conference, if provided for in accordance with ITC 2.3. Clarifications requested through any other mode shall not be considered by the Client. The Client will respond online by uploading the response (including an explanation of the query but without identifying its source) for information of all Consultants. Should the Client deem it necessary to amend the RFP as a result of a clarification, it shall do so following the procedure described in ITC 13.1.1 and ITC 13.1.2 below. It is the consultant’s responsibility to check on the e-procurement system, for any addendum/ amendment/ corrigendum to the RFP document.

\n\n\t\t\t

13.1.1 At any time before the proposal submission deadline, the Client may amend the RFP by issuing an amendment online in accordance with the procedure described in the Data Sheet. The amendment shall be binding on all Consultants. The Client shall not be liable for any information not received by the Consultants. It is the Consultants’ responsibility to verify the website for the latest information related to the RFP.

\n\n\t\t\t

13.1.2 If the amendment is substantial, the Client may extend the proposal submission deadline to give the Consultants reasonable time to take an amendment into account in their Proposals, by amending the RFP in accordance with ITC 13.1.1.

\n\n\t\t\t

13.2 A Consultant may modify its Proposal in the following manner, by using the appropriate option for proposal modification on e-procurement portal, before the deadline for submission of proposals. No modifications to the Technical or Financial Proposal shall be accepted after the proposal submission deadline.

\n\n\t\t\t

(a) For proposal modification and consequential re-submission, the Consultant is not required to withdraw the proposal submitted earlier. The last modified proposal submitted by the consultant within the proposal submission time shall be considered as the ‘Proposal’.

\n\n\t\t\t

(b) For this purpose, modification/withdrawal by other means will not be accepted.

\n\n\t\t\t

(c) The modification and consequential re-submission of proposals is allowed any number of times.

\n\n\t\t\t

(d) A consultant may withdraw its proposal by using the appropriate option for proposal withdrawal, before the deadline for submission of proposals. However, if the proposal is withdrawn, re-submission is allowed as applicable to the e-procurement system].”

\n\t\t\t
\n\t\t\t

13.1

\n\t\t\t		\n\t\t\t

Clarifications may be requested online no later than 11 days prior to the submission deadline.

\n\t\t\t
\n\t\t\t

13.1.1

\n\t\t\t		\n\t\t\t

The Client will host the amendment to RFP, if any on the e-procurement portal at any time prior to the submission deadline.

\n\n\t\t\t

The system will also send auto-e-mail regarding hosting of amendment to consultants who have started working on the RFP. The Consultants shall remain responsible to view amendment to RFP.

\n\t\t\t
\n\t\t\t

13.2 (d)

\n\t\t\t		\n\t\t\t

Re-submission of the proposal is “allowed”, if withdrawn.

\n\t\t\t
\n\t\t\t

14.1.2

\n\n\t\t\t

(do not use for Fixed Budget method)

\n\t\t\t		\n\t\t\t

Estimated total cost of the assignment: INR 120 Lakhs, excluding the cost of testing.

\n\t\t\t
\n\t\t\t

14.1.3

\n\n\t\t\t

for time-based contracts only

\n\t\t\t		\n\t\t\t

 Not applicable

\n\n\t\t\t

 

\n\t\t\t
\n\t\t\t

14.1.4 and 26.2

\n\n\t\t\t

use for Fixed Budget method

\n\t\t\t		\n\t\t\t

Not applicable

\n\t\t\t
\n\t\t\t

15.1

\n\t\t\t		\n\t\t\t

Delete from the first sentence of ITC 15.1, the following: ‘and shall comprise the documents listed in the Data Sheet’.

\n\t\t\t
\n\t\t\t

15.2

\n\t\t\t		\n\t\t\t

The format of the Technical Proposal to be submitted is:  FTP

\n\n\t\t\t

Submission of the Technical Proposal in a wrong format may lead to the Proposal being deemed non-responsive to the RFP requirements.

\n\t\t\t
\n\t\t\t

16.1

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 (1)    a per diem allowance, including hotel, for experts for every day of absence from the home office for the purposes of the Services;

\n\n\t\t\t

(2)     cost of travel by the most appropriate means of transport and the most direct practicable route;

\n\n\t\t\t

(3)     cost of office accommodation, including overheads and back-stop support;

\n\n\t\t\t

(4)     communications costs;

\n\n\t\t\t

(5)     cost of purchase or rent or freight of any equipment required to be provided by the Consultants;

\n\n\t\t\t

(6)     cost of reports production (including printing) and delivering to the Client;

\n\n\t\t\t

(7)     [insert relevant type of expenses, if/as applicable]

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

16.2

\n\t\t\t		\n\t\t\t

A price adjustment provision applies to remuneration rates: No.

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

16.3

\n\t\t\t		\n\t\t\t

Information on the Consultant’s tax obligations in India can be found from the Ministry of Finance, Government of India website http://finmin.nic.in

\n\n\t\t\t

Consultants and their Sub-consultants and Experts are responsible for payment of all taxes as applicable in India.

\n\n\t\t\t

The Client will, however reimburse on proof of submission with relevant Government Authority, the Goods & Services Tax (GST) payable on the contract value by the consultant, as per Applicable Law in India. Statutory deductions of taxes at source (TDS), however, shall be made as applicable.

\n\n\t\t\t

The above only are to be shown separately in the financial proposal.

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

16.4

\n\t\t\t		\n\t\t\t

The Financial Proposal shall be submitted in Indian Rupees.

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

16.5

\n\t\t\t		\n\t\t\t

Payments under the Contract shall be made in Indian Rupees.

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

C. Submission, Opening and Evaluation

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

17

\n\t\t\t		\n\t\t\t

Replace ITC 17 with the following:

\n\n\t\t\t

“17.1 The Consultant shall submit a digitally signed, encrypted, and complete Proposal comprising the documents and forms in accordance with ITC 10 (Documents Comprising Proposal). Consultants shall mark as “CONFIDENTIAL” information in their Proposals which is confidential to their business. This may include proprietary information, trade secrets or commercial or financially sensitive information. The submission shall be done electronically on the e-procurement system and in accordance with procedure specified in the Data Sheet. Proposals submitted by any other means will be rejected. Detailed guidelines for viewing proposals, and for online submission of proposals are given on the website.  

\n\n\t\t\t

17.2 An authorized representative of the Consultant shall digitally sign the original submission letters in the required format for both the Technical Proposal and, if applicable, the Financial Proposal and shall initial all pages of both. The authorization shall be in the form of a written power of attorney to be scanned and uploaded together with the Technical Proposal.

\n\n\t\t\t

17.2.1 A Proposal submitted by a Joint Venture shall be signed by all members so as to be legally binding on all members, or by an authorized representative who has a written power of attorney signed by each member’s authorized representative. The submission letters and the power of attorney shall then be scanned and uploaded together with the Technical Proposal.

\n\n\t\t\t

17.3 Any modifications, revisions, interlineations, erasures, or overwriting shall be valid only if they are signed or initialed by the person signing the Proposal.

\n\n\t\t\t

17.4 The Proposal or its modifications must be uploaded on the e-procurement portal specified in ITC 1(m), no later than the deadline indicated in the Data Sheet, or any extension to this deadline. The electronic system will not accept any Proposal or its modification for uploading after the deadline, as per server time.

\n\n\t\t\t

17.5 Once the Proposal is uploaded on the portal, the system will generate a unique identification number with the stamped submission time. The unique identification number with the time stamp represents an acknowledgement of the Proposal submission. Any other system’s functionality requirements are specified in the Data Sheet.”

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

17.1

\n\t\t\t		\n\t\t\t

The electronic submission procedures shall be as follows:

\n\n\t\t\t

The Consultants shall submit their Proposals (both Technical and Financial) electronically on the e-procurement portal specified in ITC 1(m), following the procedure given below. Detailed guidelines for viewing proposals and for online submission are given on the website:

\n\n\t\t\t

(a) To participate in the e-tendering process, it is mandatory for the consultants to have enrolment/registration in the website, and valid Class … [insert as required for the e-procurement system, usually Class II/III(DSC) with signing + Encryption] Digital Signature Certificate (in the name of person who will sign the proposal) in the form of smart card/e-token, obtained from any of the licensed Certifying Agency authorized by the Government of India. Consultants can see the list of licensed CAs from the link www.cca.gov.in  [modify the link or refer to the source where such list can be found, if required]

\n\n\t\t\t

(b) The consultant should register in the website using the relevant option available. Then the Digital Signature registration has to be done with the e-token, after logging into the website. The consultant can then login the website through the secured login by entering the password of the e-token & the user id/ password chosen during registration.

\n\n\t\t\t

(c) The size of individual files containing the documents comprising the Proposal(s) shall not exceed 10 MB and there is no limit on the number of files to be uploaded. [modify, if required]

\n\n\t\t\t

[Note for Consultants: For online submission of proposals, the Consultants shall fill up online, the forms that are available for online filling on the e-portal. The rest of the forms shall be downloaded by the Consultants and filled up. The filled-up pages shall then be digitally signed, scanned and uploaded on the e-procurement portal along with the scanned copies of the supporting documents.]

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

17.4

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

The Proposals must be uploaded on the e-procurement portal specified in ITC 1(m) no later than:

\n\n\t\t\t

Date: 16/05/2023

\n\n\t\t\t

Time: 16:00 Hrs.

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

17.5

\n\t\t\t		\n\t\t\t

None

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

19

\n\t\t\t		\n\t\t\t

Replace ITC 19 with the following:

\n\n\t\t\t

“19.1 The Client’s evaluation committee shall conduct the opening of the Technical Proposals online following the procedure described in the Data Sheet and this could be viewed online by the Consultants. The consultants or their authorized representatives may attend the online opening in person if this option is offered in the Data Sheet. The opening date, time and the address are stated in the Data Sheet. The folder with the Financial Proposal shall remain unopened, encrypted, in the e-procurement system until the subsequent public opening in accordance with ITC 23.

\n\n\t\t\t

19.2 At the opening of the Technical Proposals the following shall be read out and recorded online simultaneously: (i) the name and the country of the Consultant or, in case of a Joint Venture, the name of the Joint Venture, the name of the lead member and the names and the countries of all members; (ii) the presence or absence of the folder with the Financial Proposal in the portal; and (iii) any other information deemed appropriate or as indicated in the Data Sheet.”

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

19.1

\n\t\t\t		\n\t\t\t

The procedure for online opening of technical proposals shall be:  Technical proposal will be opened on the e-procurement portal by the Client’s Evaluation Committee at the date and time indicated below.

\n\n\t\t\t

Date: 16/05/2023

\n\n\t\t\t

Time: 16:30 hrs.

\n\n\t\t\t

Consultants have an option to attend the opening of the Technical Proposals in person. The opening shall take place at:

\n\n\t\t\t

Kerala Solid Waste Management Project (KSWMP)

\n\n\t\t\t

Upper Ground Floor, Trans Towers, Vazhuthacaud,

\n\n\t\t\t

Thiruvananthapuram -695014, Kerala, India

\n\n\t\t\t

Telephone: 0471-2333011

\n\n\t\t\t

E-Mail: tenderkswmp@gmail.com

\n\n\t\t\t

Website: www.kswmp.org

\n\n\t\t\t

In the event of the specified date of proposal opening being declared a holiday for the Client, the proposals will be opened at the appointed time and location on the next working day

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

19.2

\n\t\t\t		\n\t\t\t

In addition, the following information will be read aloud at the opening of the Technical Proposals: N/A

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

21.1

\n\n\t\t\t

[for FTP]

\n\n\t\t\t

 

\n\n\t\t\t

 

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Consultants’ technical proposal shall be evaluated in two parts.

\n\n\t\t\t

 

\n\n\t\t\t

Part A (as mentioned below) shall be the mandatory criteria that the consultants must meet. Technical Proposals of Consultants who do not meet the criteria in Part A, shall not be further evaluated, and the proposal shall be rejected.

\n\n\t\t\t

Technical Proposal of Consultants, who meet the criteria in Part A, shall be evaluated further using the scoring scheme contained in Part B below.

\n\n\t\t\t

 

\n\n\t\t\t

Part A: Mandatory Criteria:

\n\n\t\t\t

 

\n\n\t\t\t\n\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\n\t\t\t
\n\t\t\t\t\t\t

S. No:

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Criteria

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Documents Required

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

1.

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Consultant should have been in business of Consultancy including Environmental and Social Assessment with valid NABET accreditation, during the last eight (08) years (i.e., 2015 to 2023); 

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t
    \n\t\t\t\t\t\t\t
  1. Copy of Certificate of Incorporation         or Partnership Deed, as applicable; and
    2. \n\t\t\t\t\t\t
\n\n\t\t\t\t\t\t

 

\n\n\t\t\t\t\t\t
    \n\t\t\t\t\t\t\t
  1. NABET Certification for eight years
    2. \n\t\t\t\t\t\t
\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

2.

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Consultant should have a currently valid NABET accreditation for Municipal Solid Waste Sector

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t
    \n\t\t\t\t\t\t\t
  1. Presently valid NABET Certification for Municipal Solid Waste Sector
    2. \n\t\t\t\t\t\t
\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

3.

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Consultant should have had an average annual consulting income of more than INR 5.00 Crores in any three of the previous five financial years (i.e. FY2017-18, FY 2018-19, FY 2019-20, FY 2020-21 and FY 2021-22)

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Audited Financial Statement along with the Balance Sheet and Profit & Loss Statement duly certified by the statutory auditors / Chartered Accountant the year wise annual income during any three of the previous five financial years 2017-18, 2018-19, 2019-20, 2020-21 and 2021-22.

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

4

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Consultant should have had successfully completed at least one (1) Environmental Impact Assessment Study for Sanitary Landfill Facility or Common Solid Waste Management Facility or Hazardous Waste Management Facility or Bio-medical Waste Management Facility during the last ten (10) years with a minimum consulting fee of INR 1 million

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Document (s) relating to details of assignments shall be supported by Completion Certificate Or Work Order along with final payment confirmation by the Authority. The supporting documents shall clearly state the scope of work and contract value undertaken by the applicant.

\n\t\t\t\t\t\t
\n\n\t\t\t

 

\n\n\t\t\t

Part B: Evaluation Criteria:

\n\n\t\t\t

Criteria, sub-criteria, and point system for the evaluation of the Full Technical Proposals:

\n\n\t\t\t

Points

\n\n\t\t\t

(i)    Specific experience of the Consultant (as a firm) relevant to the Assignment:                                                                                    [20]

\n\n\t\t\t

[ Notes to Consultant: The Client shall assess similarity of the work to be done in this assignment with assignments successfully completed by the Consultant. Client testimony, if provided will be an additional factor]

\n\n\t\t\t

ii)     Adequacy and quality of the proposed methodology, and work plan in responding to the Terms of Reference (TORs):                   [40]

\n\n\t\t\t

 

\n\n\t\t\t

[Notes to Consultant: the Client will assess whether the proposed methodology is clear, responds to the TORs, work plan is realistic and implementable; overall team composition is balanced and has an appropriate skills mix; and the work plan has right input of Experts]

\n\n\t\t\t

 

\n\n\t\t\t

(iii)  Key Experts’ qualifications and competence for the Assignment:                           

\n\n\t\t\t

{Notes to Consultant: each position number corresponds to the same for the Key Experts in Form TECH-6 to be prepared by the Consultant}

\n\n\t\t\t
    \n\t\t\t\t
  1. Position K-1: [Team Leader]                                                     [08]
    2. \n\t\t\t\t
  2. Position K-2: [EIA Coordinator]                                               [05]
    3. \n\t\t\t\t
  3. Position K-3: [Social Development Expert]                               [05]
    4. \n\t\t\t\t
  4. Position K-4: [Environment Expert (Ecotoxicology/Chemicals/Hazardous wastes)                          [05]
    5. \n\t\t\t\t
  5. Position K-5: [Ecology and Biodiversity Expert]                       [2.5]
    6. \n\t\t\t\t
  6. Position K-6: [Cultural Heritage Expert]                                 [2.5]
    7. \n\t\t\t\t
  7. Position K-7 [Land Acquisition Expert]                                    [2]
    8. \n\t\t\t\t
  8. Position K-8: [Labour Management Expert]                            [2.5]
    9. \n\t\t\t\t
  9. Position K-9: [Gender & Communication Expert]                   [2.5]
    10. \n\t\t\t\t
  10. Position K-10: [Stakeholder Engagement Expert]                    [2.5]
    11. \n\t\t\t\t
  11. Position K-11: [Livelihood & Tribal Development Expert]      [2.5]       
    12. \n\t\t\t
\n\n\t\t\t

                                                                                                

\n\n\t\t\t

                                                      Total points for criterion (iii):           [40]

\n\n\t\t\t

The number of points to be assigned to each of the above positions shall be determined considering the following three sub-criteria and relevant percentage weights:

\n\n\t\t\t

1)  General qualifications (general education, training, and experience): (30%)

\n\n\t\t\t

2)  Adequacy for the Assignment (relevant education, training, experience in the sector/similar assignments): (70%)

\n\n\t\t\t

                                                                          Total weight:         100%

\n\n\t\t\t

 

\n\n\t\t\t

Total points for the chosen criteria:                                    100

\n\n\t\t\t

 

\n\n\t\t\t

 The minimum technical score (St) required to pass is:70 Marks

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

22.2

\n\t\t\t		\n\t\t\t

Replace second sentence of ITC 22.2 with the following:

\n\n\t\t\t

“All other Financial Proposals shall not be opened.”

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Public Opening of Financial Proposals

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

23

\n\t\t\t		\n\t\t\t

Replace ITC 23.1 with the following:

\n\n\t\t\t

“23.1 After the technical evaluation is completed and the Bank has issued its no objection (if applicable), the Client shall notify online through e-procurement portal those Consultants whose Proposals were considered non-responsive to the RFP and TOR or did not meet the minimum qualifying technical score, advising them the following:

\n\n\t\t\t
    \n\t\t\t\t
  1. their Proposal was not responsive to the RFP and TOR or did not meet the minimum qualifying technical score;
    2. \n\t\t\t\t
  2. provide information relating to the Consultant’s overall technical score, as well as scores obtained for each criterion and sub-criterion;
    3. \n\t\t\t\t
  3. their Financial Proposals will not be opened; and
    4. \n\t\t\t\t
  4. notify them of the date, time and location of the online public opening of the Financial Proposals and invite them to attend.”
    5. \n\t\t\t
\n\n\t\t\t

In ITC 23.2(b) first sentence, after the words ‘in writing’, add the following: ‘online through e-procurement portal’

\n\n\t\t\t

In ITC 23.2(b)(iv), after the words ‘location of the’ add the following: ‘online’

\n\n\t\t\t

Replace ITC 23.4 with the following:

\n\n\t\t\t

“23.4 The Consultant’s attendance at the opening of the Financial Proposals (in person, or online) is optional and is at the Consultant’s choice”

\n\n\t\t\t

Replace ITC 23.5 with the following:

\n\n\t\t\t

“The Financial Proposals shall be publicly opened online by the Client’s evaluation committee in the presence of the representatives of the Consultants and anyone else who chooses to attend. Any interested party who wishes to attend this public opening should contact the client as indicated in the Data Sheet. Alternatively, a notice of the public opening of Financial Proposals may be published on the Client’s website, if available. At the opening, the names of the Consultants, and the overall technical scores, including the break-down by criterion, shall be read aloud and recorded online simultaneously. The Financial Proposals shall be then opened, and the total prices read aloud and recorded online simultaneously. The records of the opening shall remain on the e-procurement portal for the information of all Consultants who submitted Proposals and the Bank, unless the Data Sheet provides for other means of sending notifications and the results of the financial opening.”

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

23.5

\n\t\t\t		\n\t\t\t

Following the completion of the evaluation of the Technical Proposals, the Client will notify online through e-procurement portal, all Consultants of the location, date and time of the public opening of Financial Proposals.

\n\n\t\t\t

Any interested party who wishes to attend this public opening should contact Project Director, KSWMP, tenderkswmp@gmail.com and request to be notified of the location, date and time of the public opening of Financial Proposals. The request should be made before the deadline for submission of Proposals, stated above.

\n\n\t\t\t

Alternatively, a notice of the public opening of Financial Proposals may be published on the Client’s website, if available.

\n\n\t\t\t

In the event of the specified date of proposal opening being declared a holiday for the Client, the proposals will be opened at the appointed time and location on the next working day.

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

25.1

\n\t\t\t		\n\t\t\t

For the purpose of the evaluation, the Client will exclude: all local identifiable indirect taxes such as GST or similar taxes levied on the contract’s invoices.

\n\n\t\t\t

If a Contract is awarded, at Contract negotiations, all such taxes will be discussed, finalized (using the itemized list as a guidance but not limiting to it) and added to the Contract amount as a separate line, also indicating which taxes shall be paid by the Consultant and which taxes are withheld and paid by the Client on behalf of the Consultant.

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

26.1

\n\n\t\t\t

(QCBS only)

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

The lowest evaluated Financial Proposal (Fm) is given the maximum financial score (Sf) of 100.

\n\n\t\t\t

The formula for determining the financial scores (Sf) of all other Proposals is calculated as following:

\n\n\t\t\t

Sf = 100 x Fm/ F, in which “Sf” is the financial score, “Fm” is the lowest price, and “F” the price of the proposal under consideration.

\n\n\t\t\t

[or replace with another inversely proportional formula acceptable to the Bank]

\n\n\t\t\t

The weights given to the Technical (T) and Financial (P) Proposals are:

\n\n\t\t\t

T = 80%

\n\n\t\t\t

P = 20%

\n\n\t\t\t

Proposals are ranked according to their combined technical (St) and financial (Sf) scores using the weights (T = the weight given to the Technical Proposal; P = the weight given to the Financial Proposal; T + P = 1) as following:  S = St x T% + Sf x P%.

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

D. Negotiations and Award

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

27.1

\n\t\t\t		\n\t\t\t

Expected date and address for contract negotiations:

\n\n\t\t\t

TENTATIVE Date: 29 May, 2023

\n\n\t\t\t

Address: Upper Ground Floor, Trans Towers, Vazhuthacaud,

\n\n\t\t\t

Thiruvananthapuram -695014, Kerala, India

\n\n\t\t\t

Telephone: 0471-2333011

\n\n\t\t\t

E-Mail: tenderkswmp@gmail.com

\n\n\t\t\t

Website: www.kswmp.org                                                                             

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

29

\n\t\t\t		\n\t\t\t

29.1 Disabled

\n\n\t\t\t

29.2 The Contract Award Notice shall be published on the Client’s website with free access if available, or in at least one newspaper of national circulation in the Client’s Country, or in the official gazette and on e-procurement portal.”

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

30.1

\n\t\t\t		\n\t\t\t

Replace ITC 30 with the following:

\n\n\t\t\t

“The Contract shall be signed prior to the expiry date of the Proposal validity, specified in ITC 12.1 or any extension thereof.”

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

30.2

\n\t\t\t		\n\t\t\t

Expected Month for the commencement of the Services:

\n\n\t\t\t

TENTATIVE Month: June 2023, Kerala, India

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

31.1

\n\t\t\t		\n\t\t\t

The procedures for making a Procurement-related Complaint are detailed in the “Procurement Regulations for IPF Borrowers (Annex III).” If a Consultant wishes to make a Procurement-related Complaint, the Consultant shall submit its complaint following these procedures, In Writing (by the quickest means available, such as by email or fax), to:

\n\n\t\t\t

For the attention: [insert full name of person receiving complaints]

\n\n\t\t\t

Title/position: [insert title/position]

\n\n\t\t\t

Client: [insert name of Client]

\n\n\t\t\t

Email address: [insert email address]

\n\n\t\t\t

Fax number: [insert fax number] delete if not used

\n\n\t\t\t

In summary, a Procurement-related Complaint may challenge any of the following:

\n\n\t\t\t
    \n\t\t\t\t
  1. the terms of this Request for Proposal;
    2. \n\t\t\t\t
  2. the Client’s decision to exclude a Consultant from the procurement process prior to the award of contract; and
    3. \n\t\t\t\t
  3. the Client’s decision to award the contract.
    4. \n\t\t\t
\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

Annexure 1 to SECTION-2

\n\n

 

\n\n

SPECIFIC APPLICATION OF EVALUATION CRITERIA

\n\n

 

\n\n
    \n\t
  1. CRITERIA-I
    2. \n
\n\n

SPECIFIC EXPERIENCE OF THE CONSULTANT (AS A FIRM) RELEVANT TO THE ASSIGNMENT: 20 Points

\n\n

 

\n\n

[Note to Consultant: The Client will assess similarity of the work to be done in this assignment with assignments successfully completed by the Consultant in India / any other countries of Asian region in the last 10 years (i.e., 2013 to 2023). Client testimony if provided will be an additional factor. The Consultant should provide documentary evidence such as copy of Completion Certificate or Performance Certificate for each of the assignments shown by the consultant, from the client. The experience shall not be considered for evaluation if such requisite support documents are not provided with the proposal.

\n\n

Footnote from TECH-02 Form:

\n\n

Similar assignment would cover at least one Environmental Impact Assessment Study for Sanitary Landfill Facility/ Common Solid Waste Management Facility /Hazardous Waste Management Facility /Bio-medical Waste Management Facility

\n\n

 

\n\n

APPLICATION OF EVALUATION CRITERIA (I)

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

 

\n\n\t\t\t

Scoring

\n\t\t\t		\n\t\t\t

 

\n\n\t\t\t

Number of projects* meeting the requirement

\n\t\t\t		\n\t\t\t

 

\n\n\t\t\t

Point Allocation Max. Score allocated for the Criteria(i)

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Similar assignment experience

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

20

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 Maximum 4 projects

\n\t\t\t		\n\t\t\t

 5 marks each

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n
    \n\t
  1. CRITERIA-II ADEQUACY AND QUALITY OF THE PROPOSED METHODOLOGY, AND WORKPLAN IN RESPONDING TO THE TERMS OF REFERENCE (TORs): 40 points
    2. \n
\n\n

 

\n\n
    \n\t
  1. \n\t
      \n\t\t
    1.      Technical Approach & Methodology:  20
      2. \n\t\t
    2.      Work Plan: 15
      3. \n\t\t
    3.       Organization and Staffing: 5
      4. \n\t
    \n\t
    2. \n
\n\n

[Notes to Consultant: the client will assess whether the proposed methodology is clear, responds to the TORs, work plan is realistic and implementable; overall team composition is balanced and has an appropriate skills mix; and the work plan has right input of Experts]

\n\n

APPLICATION OF EVALUATION CRITERIA(II)

\n\n

 

\n\n
    \n\t
  1. Sub Criteria: TECHNICAL APPROACH AND METHODOLOGY (20 points)
    2. \n
\n\n

[Note to Consultant:

\n\n

Points shall be awarded based on whether the proposed approach is discussed in detail and the methodology is specifically tailored to the characteristics of the assignment.

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

 

\n\n\t\t\t

Scoring

\n\t\t\t		\n\t\t\t

 

\n\n\t\t\t

Sub Criteria

\n\t\t\t		\n\t\t\t

Point Allocation Max. Score allocated for the Criteria (ii a)

\n\t\t\t
\n\t\t\t

a)

\n\t\t\t		\n\t\t\t

Technical Approach

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

8

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Excellent: Substantially exceeding the specified requirement.

\n\t\t\t		\n\t\t\t

08

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Very Good: Marginally exceeding the specified requirement.

\n\t\t\t		\n\t\t\t

06

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Good: Just meeting the specified requirement.

\n\t\t\t		\n\t\t\t

04

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Average: Marginally below the specified requirement.

\n\t\t\t		\n\t\t\t

02

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Below Average: Substantially below the specific requirement.

\n\t\t\t		\n\t\t\t

00

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

b)

\n\t\t\t		\n\t\t\t

Methodology 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

12

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Excellent: Substantially exceeding the specified requirement.

\n\t\t\t		\n\t\t\t

12

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Very Good: Marginally exceeding the specified requirement.

\n\t\t\t		\n\t\t\t

09

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Good: Just meeting the specified requirement.

\n\t\t\t		\n\t\t\t

06

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Average: Marginally below the specified requirement.

\n\t\t\t		\n\t\t\t

03

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Below Average: Substantially below the specific requirement.

\n\t\t\t		\n\t\t\t

00

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n
    \n\t
  1. Sub Criteria: WORK PLAN (15 points)
    2. \n
\n\n

 

\n\n

       [Note to Consultant:

\n\n

Points shall be awarded based on evaluation of how the work plan responds to the TORs, whether all important activities are indicated in the activity schedule, and their timing is appropriate and consistent with the assignment outputs.

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

 

\n\n\t\t\t

Scoring

\n\t\t\t		\n\t\t\t

 

\n\n\t\t\t

Sub Criteria

\n\t\t\t		\n\t\t\t

Point Allocation Max. Score allocated for the Criteria (ii b)

\n\t\t\t
\n\t\t\t

a)

\n\t\t\t		\n\t\t\t

Work Plan

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

15

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Excellent: Substantially exceeding the specified requirement.

\n\t\t\t		\n\t\t\t

15

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Very Good: Marginally exceeding the specified requirement.

\n\t\t\t		\n\t\t\t

12

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Good: Just meeting the specified requirement.

\n\t\t\t		\n\t\t\t

09

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Average: Marginally below the specified requirement.

\n\t\t\t		\n\t\t\t

06

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Below Average: Substantially below the specific requirement.

\n\t\t\t		\n\t\t\t

00

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n

 

\n\n
    \n\t
  1. Sub Criteria: ORGANISATIONANDSTAFFING (05 points)
    2. \n
\n\n

[Note to Consultant:

\n\n

Points shall be awarded based on evaluation of the team composition and the skills mix; and whether some members have worked together before to some extent.

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

 

\n\n\t\t\t

Scoring

\n\t\t\t		\n\t\t\t

 

\n\n\t\t\t

Sub Criteria

\n\t\t\t		\n\t\t\t

Point Allocation Max. Score allocated for the Criteria (ii c)

\n\t\t\t
\n\t\t\t

a)

\n\t\t\t		\n\t\t\t

Organization & Staffing

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

5

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Excellent: Substantially exceeding the specified requirement.

\n\t\t\t		\n\t\t\t

5

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Very Good: Marginally exceeding the specified requirement.

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Good: Just meeting the specified requirement.

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Average: Marginally below the specified requirement.

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Below Average: Substantially below the specific requirement.

\n\t\t\t		\n\t\t\t

00

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

 

\n\t\t\t
\n\n


\nCRITERIA-III

\n\n

 

\n\n

KEY EXPERTS’ QUALIFICATIONS AND COMPETENCE FOR THE ASSIGNMENT: 40 POINTS FOR ALL KEY EXPERT POSITIONS

\n\n

The number of points to be assigned to each of the above positions shall be determined considering the following two sub-criteria and relevant percentage weights.

\n\n\n\n

Note :.

\n\n

APPLICATION OF EVALUATION CRITERIA (III)

\n\n

 

\n\n
    \n\t
  1. General qualifications (general education, training, and experience): [30%]
    2. \n
\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\n\t\t\t

 

\n\n\t\t\t

General qualifications

\n\t\t\t		\n\t\t\t

Point Allocation as percentage of Max. Score allocated for the “General Qualification” for specific Key Expert Position

\n\t\t\t
\n\t\t\t

I

\n\t\t\t		\n\t\t\t

Excellent: Substantially exceeding the specified requirement.

\n\t\t\t		\n\t\t\t

30%

\n\t\t\t
\n\t\t\t

II

\n\t\t\t		\n\t\t\t

Very Good: Marginally exceeding the specified requirement.

\n\t\t\t		\n\t\t\t

27%

\n\t\t\t
\n\t\t\t

III

\n\t\t\t		\n\t\t\t

Good: Just meeting the specified requirement.

\n\t\t\t		\n\t\t\t

24%

\n\t\t\t
\n\t\t\t

IV

\n\t\t\t		\n\t\t\t

Average: Marginally below the specified requirement.

\n\t\t\t		\n\t\t\t

21%

\n\t\t\t
\n\t\t\t

V

\n\t\t\t		\n\t\t\t

Below Average: Substantially below the specific requirement.

\n\t\t\t		\n\t\t\t

0

\n\t\t\t
\n\t\t\t

VI

\n\t\t\t		\n\t\t\t

Poor Submission

\n\t\t\t		\n\t\t\t

0

\n\t\t\t
\n\n

 

\n\n
    \n\t
  1. Adequacy for the Assignment (relevant education, training, experience in the sector/similar assignments):  [70%]
    2. \n
\n\n

    

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\n\t\t\t

Adequacy for the Assignment

\n\t\t\t		\n\t\t\t

Point Allocation as percentage of Max. Score allocated for “Adequacy for

\n\n\t\t\t

The Assignment” for specific Key Expert Position

\n\t\t\t
\n\t\t\t

I

\n\t\t\t		\n\t\t\t

Excellent: Substantially exceeding the specified requirement.

\n\t\t\t		\n\t\t\t

70%

\n\t\t\t
\n\t\t\t

II

\n\t\t\t		\n\t\t\t

Very Good: Marginally exceeding the specified requirement.

\n\t\t\t		\n\t\t\t

63%

\n\t\t\t
\n\t\t\t

III

\n\t\t\t		\n\t\t\t

Good: Just meeting the specified requirement.

\n\t\t\t		\n\t\t\t

56%

\n\t\t\t
\n\t\t\t

IV

\n\t\t\t		\n\t\t\t

Average: Marginally below the specified requirement.

\n\t\t\t		\n\t\t\t

49%

\n\t\t\t
\n\t\t\t

V

\n\t\t\t		\n\t\t\t

Below Average: Substantially below the specific requirement.

\n\t\t\t		\n\t\t\t

0

\n\t\t\t
\n\t\t\t

VI

\n\t\t\t		\n\t\t\t

Poor Submission

\n\t\t\t		\n\t\t\t

0

\n\t\t\t
\n\n

 

\n\n

Section 3.  Technical Proposal – Standard Forms

\n\n

{Notes to Consultant shown in brackets {  } throughout Section 3 provide guidance to the Consultant to prepare the Technical Proposal; they should not appear on the Proposals to be submitted.}

\n\n

 

\n\n

Checklist of Required Forms

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Required for FTP or STP

\n\n\t\t\t

✓

\n\t\t\t		\n\t\t\t

FORM

\n\t\t\t		\n\t\t\t

DESCRIPTION

\n\t\t\t		\n\t\t\t

Page Limit

\n\n\t\t\t

 

\n\t\t\t
\n\t\t\t

FTP

\n\t\t\t		\n\t\t\t

STP

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

✓

\n\t\t\t		\n\t\t\t

✓

\n\t\t\t		\n\t\t\t

TECH-1

\n\t\t\t		\n\t\t\t

Technical Proposal Submission Form.

\n\t\t\t		\n\t\t\t

2 pages

\n\t\t\t
\n\t\t\t

✓ If applicable

\n\t\t\t		\n\t\t\t

TECH-1 Attachment

\n\t\t\t		\n\t\t\t

If the Proposal is submitted by a joint venture, attach a letter of intent or a copy of an existing agreement.

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

✓ If applicable

\n\t\t\t		\n\t\t\t

Power of Attorney

\n\t\t\t		\n\t\t\t

No pre-set format/form. In the case of a Joint Venture, several are required: a power of attorney for the authorized representative of each JV member, and a power of attorney for the representative of the lead member to represent all JV members

\n\t\t\t		\n\t\t\t

As required

\n\t\t\t
\n\t\t\t

✓

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

TECH-2

\n\t\t\t		\n\t\t\t

Consultant’s Organization and Experience.

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

✓

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

TECH-2A

\n\t\t\t		\n\t\t\t

A. Consultant’s Organization

\n\t\t\t		\n\t\t\t

4 pages

\n\t\t\t
\n\t\t\t

✓

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

TECH-2B

\n\t\t\t		\n\t\t\t

B. Consultant’s Experience

\n\t\t\t		\n\t\t\t

25-30 pages

\n\t\t\t
\n\t\t\t

✓

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

TECH-3

\n\t\t\t		\n\t\t\t

Comments or Suggestions on the Terms of Reference and on Counterpart Staff and Facilities to be provided by the Client.

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

✓

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

TECH-3A

\n\t\t\t		\n\t\t\t

A. On the Terms of Reference

\n\t\t\t		\n\t\t\t

2 pages

\n\t\t\t
\n\t\t\t

✓

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

TECH-3B

\n\t\t\t		\n\t\t\t

B. On the Counterpart Staff and Facilities

\n\t\t\t		\n\t\t\t

2 pages

\n\t\t\t
\n\t\t\t

✓

\n\t\t\t		\n\t\t\t

✓

\n\t\t\t		\n\t\t\t

TECH-4

\n\t\t\t		\n\t\t\t

Description of the Approach, Methodology, and Work Plan for Performing the Assignment

\n\t\t\t		\n\t\t\t

25 -30 pages

\n\t\t\t
\n\t\t\t

✓

\n\t\t\t		\n\t\t\t

✓

\n\t\t\t		\n\t\t\t

TECH-5

\n\t\t\t		\n\t\t\t

Work Schedule and Planning for Deliverables

\n\t\t\t		\n\t\t\t

A3 5 pages

\n\t\t\t
\n\t\t\t

✓

\n\t\t\t		\n\t\t\t

✓

\n\t\t\t		\n\t\t\t

TECH-6

\n\t\t\t		\n\t\t\t

Team Composition, Key Experts Inputs, and attached Curriculum Vitae (CV)

\n\t\t\t		\n\t\t\t

As required (Limit 5 pages per CV)

\n\t\t\t
\n\t\t\t

✓

\n\t\t\t		\n\t\t\t

✓

\n\t\t\t		\n\t\t\t

TECH-7

\n\t\t\t		\n\t\t\t

Code of Conduct (ES)

\n\t\t\t		\n\t\t\t

As required

\n\t\t\t
\n\n

 

\n\n

 

\n\n

All pages of the original Technical and Financial Proposal shall be initialed by the same authorized representative of the Consultant who signs the Proposal.

\n\n

 

\n\n

 

\n\n

Form TECH-1 

\n\n

Technical Proposal Submission Form

\n\n

 

\n\n

 

\n\n

{Location, Date}

\n\n

 

\n\n

To:       [Name and address of Client]

\n\n

 

\n\n

 

\n\n

Dear Sirs:

\n\n

 

\n\n

            We, the undersigned, offer to provide the consulting services for [Insert title of assignment] in accordance with your Request for Proposals (RFP) dated [Insert Date] and our Proposal. We are hereby submitting our Proposal, which includes this Technical Proposal and a Financial Proposal.

\n\n

 

\n\n

            {If the Consultant is a joint venture, insert the following: We are submitting our Proposal a joint venture with: {Insert a list with full name and the legal address of each member, and indicate the lead member}. We have attached a copy {insert: “of our letter of intent to form a joint venture” or, if a JV is already formed, “of the JV agreement”} signed by every participating member, which details the likely legal structure of and the confirmation of joint and severable liability of the members of the said joint venture.

\n\n

 

\n\n

{OR

\n\n

 

\n\n

If the Consultant’s Proposal includes Sub-consultants, insert the following: We are submitting our Proposal with the following firms as Sub-consultants: {Insert a list with full name and address of each Sub-consultant.}

\n\n

 

\n\n

We hereby declare that:

\n\n

a)      All the information and statements made in this Proposal are true and we accept that any misinterpretation or misrepresentation contained in this Proposal may lead to our disqualification by the Client and/or may be sanctioned by the Bank.

\n\n

(b)     Our Proposal shall be valid and remain binding upon us until [insert day, month and year in accordance with ITC 12.1].

\n\n

(c)     We have no conflict of interest in accordance with ITC 3.

\n\n

(d)    We meet the eligibility requirements as stated in ITC 6, and we confirm our understanding of our obligation to abide by the Bank’s policy in regard to Fraud and Corruption as per ITC 5.

\n\n

 

\n\n

(e)    We, along with any of our sub-consultants, subcontractors, suppliers, or service providers for any part of the contract, are not subject to, and not controlled by any entity or individual that is subject to, a temporary suspension or a debarment imposed by the World Bank Group or a debarment imposed by the World Bank Group in accordance with the Agreement for Mutual Enforcement of Debarment Decisions between the World Bank and other development banks. Further, we are not ineligible under the Client’s country laws or official regulations or pursuant to a decision of the United Nations Security Council.

\n\n

 (f)    In competing for (and, if the award is made to us, in executing) the Contract, we undertake to observe the laws against fraud and corruption, including bribery, in force in India.

\n\n

 (g)    Except as stated in the Data Sheet, ITC 12.7, we undertake to negotiate a Contract on the basis of the proposed Key Experts. We accept that the substitution of Key Experts for reasons other than those stated in ITC 12 and ITC 27.4 may lead to the termination of Contract negotiations.

\n\n

 (h)    Our Proposal is binding upon us and subject to any modifications resulting from the Contract negotiations.

\n\n

 

\n\n

We undertake, if our Proposal is accepted and the Contract is signed, to initiate the Services related to the assignment no later than the date indicated in ITC 30.2 of the Data Sheet.

\n\n

 

\n\n

We understand that the Client is not bound to accept any Proposal that the Client receives.

\n\n

 

\n\n

            We remain,

\n\n

 

\n\n

Yours sincerely,

\n\n

 

\n\n

_________________________________________________________________

\n\n

Signature (of Consultant’s authorized representative) {In full and initials}: 

\n\n

Full name:  {insert full name of authorized representative}

\n\n

Title:           {insert title/position of authorized representative}

\n\n

Name of Consultant (company’s name or JV’s name):

\n\n

Capacity:    {insert the person’s capacity to sign for the Consultant}

\n\n

Address:  {insert the authorized representative’s address}

\n\n

Phone/fax:  {insert the authorized representative’s phone and fax number, if applicable}

\n\n

Email:       {insert the authorized representative’s email address}                        

\n\n

 

\n\n

{For a joint venture, either all members shall sign or only the lead member, in which case the power of attorney to sign on behalf of all members shall be attached}

\n\n

 

\n\n

Form TECH-2 (for Full Technical Proposal Only)

\n\n

Consultant’s Organization and Experience

\n\n

 

\n\n

Form TECH-2: a brief description of the Consultant’s organization and an outline of the recent experience of the Consultant that is most relevant to the assignment. In the case of a joint venture, information on similar assignments shall be provided for each partner. For each assignment, the outline should indicate the names of the Consultant’s Key Experts and Sub-consultants who participated, the duration of the assignment, the contract amount (total and, if it was done in a form of a joint venture or a sub-consultancy, the amount paid to the Consultant), and the Consultant’s role/involvement. 

\n\n

 

\n\n

A - Consultant’s Organization

\n\n

 

\n\n

1. Provide here a brief description of the background and organization of your company, and – in case of a joint venture – of each member for this assignment.

\n\n

2. Include organizational chart, a list of Board of Directors, and beneficial ownership.

\n\n

 

\n\n

B - Consultant’s Experience

\n\n

 

\n\n

 

\n\n

1. List only previous similar assignments[2] successfully completed in the last 10 years (2013-2023). Refer Annexure 1 to Section 2 of this RFP

\n\n

2. List only those assignments for which the Consultant was legally contracted by the Client as a company or was one of the joint venture members. Assignments completed by the Consultant’s individual experts working privately or through other consulting firms cannot be claimed as the relevant experience of the Consultant, or that of the Consultant’s partners or sub-consultants, but can be claimed by the Experts themselves in their CVs. The Consultant should be prepared to substantiate the claimed experience by presenting copies of relevant documents and references if so requested by the Client.

\n\n

 

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Duration

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Assignment name/& brief description of main deliverables/outputs

\n\t\t\t		\n\t\t\t

Name of Client & Country of Assignment

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Approx. Contract value (in Rs.)/ Amount paid to your firm

\n\t\t\t		\n\t\t\t

Role on the Assignment

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

{e.g., Jan.2009– Apr.2010}

\n\t\t\t		\n\t\t\t

{e.g., “Improvement quality of...............”: designed master plan for rationalization of ........; }

\n\t\t\t		\n\t\t\t

{e.g., Ministry of ......, country}

\n\t\t\t		\n\t\t\t

{e.g., Rs.1 mill/Rs. 0.5 mill}

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

{e.g., Lead partner in a JV A&B&C}

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

{e.g., Jan-May 2008}

\n\t\t\t		\n\t\t\t

{e.g., “Support to sub-national government.....”: drafted secondary level regulations on..............}

\n\t\t\t		\n\t\t\t

{e.g., municipality of........., country}

\n\t\t\t		\n\t\t\t

{e.g., Rs. 0.2 mil/Rs. 0.2 mil}

\n\t\t\t		\n\t\t\t

{e.g., sole Consultant}

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n

 

\n\n

 

\n\n

Form TECH-3 (for Full Technical Proposal)

\n\n

 

\n\n

Comments and Suggestions on the Terms of Reference, Counterpart Staff, and Facilities to be Provided by the Client

\n\n

 

\n\n

Form TECH-3: comments and suggestions on the Terms of Reference that could improve the quality/effectiveness of the assignment; and on requirements for counterpart staff and facilities, which are provided by the Client, including: administrative support, office space, local transportation, equipment, data, etc.

\n\n

 

\n\n

A - On the Terms of Reference

\n\n

 

\n\n

{improvements to the Terms of Reference, if any}

\n\n

 

\n\n

 

\n\n

B - On Counterpart Staff and Facilities

\n\n

 

\n\n

{comments on counterpart staff and facilities to be provided by the Client. For example, administrative support, office space, local transportation, equipment, data, background reports, etc., if any}

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

Form TECH-4 (for Full Technical Proposal Only)

\n\n

 

\n\n

Description of Approach, Methodology, and Work Plan in Responding to the Terms of Reference

\n\n

 

\n\n

 

\n\n

Form TECH-4: a description of the approach, methodology and work plan for performing the assignment, including a detailed description of the proposed methodology and staffing for training, if the Terms of Reference specify training as a specific component of the assignment.

\n\n

 

\n\n

{Suggested structure of your Technical Proposal (in FTP format):

\n\n

 

\n\n
    \n\t
  1. Technical Approach and Methodology
    2. \n\t
  2. Work Plan
    3. \n\t
  3. Organization and Staffing}
    4. \n
\n\n

 

\n\n

a)         Technical Approach and Methodology.  {Please explain your understanding of the objectives of the assignment as outlined in the Terms of Reference (TORs), the technical approach, and the methodology you would adopt for implementing the tasks to deliver the expected output(s), and the degree of detail of such output. Please do not repeat/copy the TORs in here.}

\n\n

 

\n\n

b)         Work Plan.  {Please outline the plan for the implementation of the main activities/tasks of the assignment, their content and duration, phasing and interrelations, milestones (including interim approvals by the Client), and tentative delivery dates of the reports. The proposed work plan should be consistent with the technical approach and methodology, showing your understanding of the TOR and ability to translate them into a feasible working plan. A list of the final documents (including reports) to be delivered as final output(s) should be included here. The work plan should be consistent with the Work Schedule Form.}

\n\n

 

\n\n

c)         Organization and Staffing. {Please describe the structure and composition of your team, including the list of the Key Experts, Non-Key Experts and relevant technical and administrative support staff.}

\n\n

 

\n\n

 

\n\n

Form TECH-5 (for FTP)

\n\n

 

\n\n

Work Schedule and planning for deliverables

\n\n

 

\n\n

 

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

N°

\n\t\t\t		\n\t\t\t

Deliverables 1 (D-..)

\n\t\t\t		\n\t\t\t

Months

\n\t\t\t
\n\t\t\t

1

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

5

\n\t\t\t		\n\t\t\t

6

\n\t\t\t		\n\t\t\t

7

\n\t\t\t		\n\t\t\t

8

\n\t\t\t		\n\t\t\t

9

\n\t\t\t		\n\t\t\t

.....

\n\t\t\t		\n\t\t\t

n

\n\t\t\t		\n\t\t\t

TOTAL

\n\t\t\t
\n\t\t\t

D-1

\n\t\t\t		\n\t\t\t

{e.g., Deliverable #1: Report A

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

1) data collection

\n\t\t\t		\n\t\t\t

                                                

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

2)  drafting

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

3) inception report     

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

4) incorporating comments

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

5)  delivery of final report to Client}

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

D-2

\n\t\t\t		\n\t\t\t

{e.g., Deliverable #2:...............}

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n

1      List the deliverables with the breakdown for activities required to produce them and other benchmarks such as the Client’s approvals.  For phased assignments, indicate the activities, delivery of reports, and benchmarks separately for each phase.

\n\n

2      Duration of activities shall be indicated in a form of a bar chart.

\n\n

3.     Include a legend, if necessary, to help read the chart.

\n\n

 

\n\n

Form TECH-6 (for FTP)

\n\n

 

\n\n

Team Composition, Assignment, and Key Experts’ inputs

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

N°

\n\t\t\t		\n\t\t\t

Name

\n\t\t\t		\n\t\t\t

Expert’s input (in person/month) per each Deliverable (listed in TECH-5)

\n\t\t\t		\n\t\t\t

Total time-input

\n\n\t\t\t

(in Months)

\n\t\t\t
\n\t\t\t

Position

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

D-1

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

D-2

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

D-3

\n\t\t\t		\n\t\t\t

........

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

D-...

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Home

\n\t\t\t		\n\t\t\t

Field

\n\t\t\t		\n\t\t\t

Total

\n\t\t\t
\n\t\t\t

KEY EXPERTS

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

K-1

\n\t\t\t		\n\t\t\t

{e.g., Mr. Abbbb}

\n\t\t\t		\n\t\t\t

[Team Leader]

\n\t\t\t		\n\t\t\t

[Home]

\n\t\t\t		\n\t\t\t

[2 month]

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

[1.0]

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

[1.0]

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

[Field]

\n\t\t\t		\n\t\t\t

[0.5 m]

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

[2.5]

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

[0]

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

K-2

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

K-3

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

n

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Subtotal

\n\t\t\t		 \n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n

1      For Key Experts, the input should be indicated individually for the same positions as required under the Data Sheet ITC21.1.

\n\n

2      Months are counted from the start of the assignment/mobilization.  One (1) month equals twenty-two (22) working (billable) days. One working (billable) day shall be not less than eight (8) working (billable) hours.

\n\n

3      “Home” means work in the office in the expert’s country of residence. “Field” work means work carried out in the Client’s country or any other country outside the expert’s country of residence.

\n\n

 

\n\n

                       Full time input

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n

                         Part time input

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n

 

\n\n

 

\n\n

Form TECH-6

\n\n

(Continued)

\n\n

 

\n\n

CURRICULUM VITAE (CV)

\n\n

 

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Position Title and No.

\n\t\t\t		\n\t\t\t

{e.g., K-1, TEAM LEADER}

\n\t\t\t
\n\t\t\t

Name of Expert:

\n\t\t\t		\n\t\t\t

{Insert full name}

\n\t\t\t
\n\t\t\t

Date of Birth:

\n\t\t\t		\n\t\t\t

{day/month/year}

\n\t\t\t
\n\t\t\t

Country of Citizenship/Residence

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n

Education: {List college/university or other specialized education, giving names of educational institutions, dates attended, degree(s)/diploma(s) obtained}

\n\n

________________________________________________________________________

\n\n

 

\n\n

Employment record relevant to the assignment: {Starting with present position, list in reverse order. Please provide dates, name of employing organization, titles of positions held, types of activities performed and location of the assignment, and contact information of previous clients and employing organization(s) who can be contacted for references. Past employment that is not relevant to the assignment does not need to be included.}

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Period

\n\t\t\t		\n\t\t\t

Employing organization and your title/position. Contact information for references

\n\t\t\t		\n\t\t\t

Country

\n\t\t\t		\n\t\t\t

Summary of activities performed relevant to the Assignment

\n\t\t\t
\n\t\t\t

[e.g., May 2005-present]

\n\t\t\t		\n\t\t\t

[e.g., Ministry of ……, advisor/consultant to…

\n\n\t\t\t

 

\n\n\t\t\t

For references: Tel…………/e-mail……; Mr. Hbbbbb, deputy minister]

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n

Membership in Professional Associations and Publications: ______________________________________________________________________

\n\n

 

\n\n

Language Skills (indicate only languages in which you can work): ______________

\n\n

______________________________________________________________________

\n\n

 

\n\n

 

\n\n

Adequacy for the Assignment:

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Detailed Tasks Assigned on Consultant’s Team of Experts:

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Reference to Prior Work/Assignments that Best Illustrates Capability to Handle the Assigned Tasks

\n\t\t\t
\n\t\t\t

{List all deliverables/tasks as in TECH- 5 in which the Expert will be involved}

\n\n\t\t\t

 

\n\n\t\t\t

 

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\n\t\t\t

 

\n\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

           

\n\n

 

\n\n

 Expert’s contact information: (e-mail …………………., phone……………)

\n\n

 

\n\n

Certification:

\n\n

I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes myself, my qualifications, and my experience, and I am available, as and when necessary, to undertake the assignment in case of an award. I understand that any misstatement or misrepresentation described herein may lead to my disqualification or dismissal by the Client, and/or sanctions by the Bank.

\n\n

 

\n\n

 

\n\n

 

\n\n

                                                                                                                        {day/month/year}

\n\n

Name of Expert                                                                        Signature                                                                                Date

\n\n

 

\n\n

 

\n\n

                                                                                                                        {day/month/year}

\n\n

Name of authorized                                                                 Signature                                                                                 Date

\n\n

Representative of the Consultant

\n\n

(the same who signs the Proposal)         

\n\n

 

\n\n

 

\n\n

Section 4. Financial Proposal – Standard Forms

\n\n

{Notes to Consultant shown in brackets {  } provide guidance to the Consultant to prepare the Financial Proposals; they should not appear on the Financial Proposals to be submitted.}

\n\n

 

\n\n

Financial Proposal Standard Forms shall be used for the preparation of the Financial Proposal according to the instructions provided in Section 2.

\n\n

 

\n\n

FIN-1        Financial Proposal Submission Form

\n\n

 

\n\n

FIN-2        Summary of Costs

\n\n

 

\n\n

FIN-3        Breakdown of Remuneration

\n\n

 

\n\n

FIN-4        Breakdown of Reimbursable expenses

\n\n

 

\n\n

FIN-5        Bill of Quantity

\n\n

 

\n\n

 

\n\n

Form FIN-1

\n\n

Financial Proposal Submission Form

\n\n

 

\n\n

 

\n\n

{Location, Date}

\n\n

 

\n\n

To:       Project Director

\n\n

            Kerala Solid Waste Management Project (KSWMP)

\n\n

            Upper Ground Floor, Trans Towers, Vazhuthacaud,

\n\n

            Thiruvananthapuram -695014, Kerala, India

\n\n

            Telephone: 0471-2333011

\n\n

            E-Mail: tenderkswmp@gmail.com

\n\n

            Website: www.kswmp.org

\n\n

 

\n\n

 

\n\n

Dear Sirs:

\n\n

 

\n\n

            We, the undersigned, offer to provide the consulting services for [Insert title of assignment] in accordance with your Request for Proposal dated [Insert Date] and our Technical Proposal. 

\n\n

 

\n\n

Our attached Financial Proposal is for the amount of Rs.                  {Insert amount in words and figures}, [Insert “including” or “excluding”] of all indirect local taxes in accordance with ITC 25.1 in the Data Sheet. The estimated amount of local indirect taxes is Rs.                      {Insert amount in words and figures} which shall be confirmed or adjusted, if needed, during negotiations. {Please note that all amounts shall be the same as in Form FIN-2}.

\n\n

 

\n\n

            Our Financial Proposal shall be valid and remain binding upon us, subject to the modifications resulting from Contract negotiations, for the period of time specified in the Data Sheet, ITC 12.1.

\n\n

 

\n\n

            Commissions and gratuities paid or to be paid by us to an agent or any third party relating to preparation or submission of this Proposal and Contract execution, paid if we are awarded the Contract, are listed below:

\n\n

 

\n\n

      Name and Address                                        Amount and                                     Purpose of Commission

\n\n

                of Agents                                                   Currency                                                       or Gratuity

\n\n

                                                                                                                                                                                                       

\n\n

                                                                                                                                                                                                       

\n\n

 

\n\n

 

\n\n

{If no payments are made or promised, add the following statement: “No commissions or gratuities have been or are to be paid by us to agents or any third party relating to this Proposal and Contract execution.”}

\n\n

 

\n\n

 

\n\n

            We understand you are not bound to accept any Proposal you receive.

\n\n

We remain,

\n\n

 

\n\n

Yours sincerely,

\n\n

 

\n\n

_________________________________________________________________

\n\n

Signature (of Consultant’s authorized representative) {In full and initials}: 

\n\n

Full name:  {insert full name of authorized representative}

\n\n

Title:           {insert title/position of authorized representative}

\n\n

Name of Consultant (company’s name or JV’s name):

\n\n

Capacity:    {insert the person’s capacity to sign for the Consultant}

\n\n

Address:  {insert the authorized representative’s address}

\n\n

Phone/fax:  {insert the authorized representative’s phone and fax number, if applicable}

\n\n

Email:       {insert the authorized representative’s email address}                        

\n\n

 

\n\n

{For a joint venture, either all members shall sign or only the lead member/consultant, in which case the power of attorney to sign on behalf of all members shall be attached

\n\n

 

\n\n

 

\n\n

Form FIN-2 Summary of Costs

\n\n

For Cluster 1

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Item

\n\t\t\t		\n\t\t\t

Cost

\n\n\t\t\t

 

\n\t\t\t
\n\t\t\t

{Consultant must state the proposed Costs in accordance with ITC 16.4 of the Data Sheet; delete columns which are not used}

\n\n\t\t\t

 

\n\t\t\t
\n\t\t\t

{Insert Foreign Currency # 1}

\n\t\t\t		\n\t\t\t

{Insert Foreign Currency # 2, if used}

\n\t\t\t		\n\t\t\t

{Insert Foreign Currency # 3, if used}

\n\t\t\t		\n\t\t\t

{Insert

\n\n\t\t\t

 Local Currency, if used and/or required (16.4 Data Sheet}

\n\t\t\t
\n\t\t\t

Cost of the Financial Proposal

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

Including:

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

(1) Remuneration

\n\n\t\t\t

(Excluding Investigation Activities) FORM FIN 3

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

(2) Reimbursables

\n\n\t\t\t

(Excluding Investigation Activities) FORM FIN 4

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

Lumpsum Sub-Total (FIN 3 + FIN 4 )

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

Investigation Activities (FORM FIN-5)

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

(5) Total Cost of the Financial Proposal:

\n\n\t\t\t

(Lumpsum Sub-Total + FIN 5)

\n\n\t\t\t

{Should match the amount in Form FIN-1}

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

Total Cost of the Financial Proposal:

\n\n\t\t\t

{Should match the amount in Form FIN-1}

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

Note:

\n\n
    \n\t
  1. \n\t
      \n\t\t
    1. \n\t\t
        \n\t\t\t
      1. \n\t\t\t
          \n\t\t\t\t
        1. Lumpsum Sub-Total amount shall be paid separately for each cluster upon acceptance of deliverables/milestones as specified in Special conditions of Contract.
          2. \n\t\t\t\t
        2. For Investigation Activities, payment shall be made on reimbursement basis using the quoted unit rates against the actual quantity measurements taken by the Client's Representative.
          3. \n\t\t\t
        \n\t\t\t
        2. \n\t\t
      \n\t\t
      2. \n\t
    \n\t
    2. \n
\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Item

\n\t\t\t		\n\t\t\t

Cost

\n\n\t\t\t

 

\n\t\t\t
\n\t\t\t

{Consultant must state the proposed Costs in accordance with ITC 16.4 of the Data Sheet; delete columns which are not used}

\n\n\t\t\t

 

\n\t\t\t
\n\t\t\t

{Insert Foreign Currency # 1}

\n\t\t\t		\n\t\t\t

{Insert Foreign Currency # 2, if used}

\n\t\t\t		\n\t\t\t

{Insert Foreign Currency # 3, if used}

\n\t\t\t		\n\t\t\t

{Insert

\n\n\t\t\t

 Local Currency, if used and/or required (16.4 Data Sheet}

\n\t\t\t
\n\t\t\t

Indirect Local Tax Estimates – to be discussed and finalized at the negotiations if the Contract is awarded

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. {insert type of tax. e.g., VAT or sales tax}
    2. \n\t\t\t
\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. {e.g., income tax on non-resident experts}
    2. \n\t\t\t
\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. {insert type of tax}
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

Total Estimate for Indirect Local Tax:

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n

Footnote: Payments will be made in the currency(ies) expressed above (Reference to ITC 16.4).

\n\n

 

\n\n

 

\n\n

For Cluster 4

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Item

\n\t\t\t		\n\t\t\t

Cost

\n\n\t\t\t

 

\n\t\t\t
\n\t\t\t

{Consultant must state the proposed Costs in accordance with ITC 16.4 of the Data Sheet; delete columns which are not used}

\n\n\t\t\t

 

\n\t\t\t
\n\t\t\t

{Insert Foreign Currency # 1}

\n\t\t\t		\n\t\t\t

{Insert Foreign Currency # 2, if used}

\n\t\t\t		\n\t\t\t

{Insert Foreign Currency # 3, if used}

\n\t\t\t		\n\t\t\t

{Insert

\n\n\t\t\t

 Local Currency, if used and/or required (16.4 Data Sheet}

\n\t\t\t
\n\t\t\t

Cost of the Financial Proposal

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

Including:

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

(1) Remuneration

\n\n\t\t\t

(Excluding Investigation Activities) FORM FIN 3

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

(2) Reimbursables

\n\n\t\t\t

(Excluding Investigation Activities) FORM FIN 4

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

Lumpsum Sub-Total (FIN 3 + FIN 4 )

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

Investigation Activities (FORM FIN-5)

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

(5) Total Cost of the Financial Proposal:

\n\n\t\t\t

(Lumpsum Sub-Total + FIN 5)

\n\n\t\t\t

{Should match the amount in Form FIN-1}

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

Total Cost of the Financial Proposal:

\n\n\t\t\t

{Should match the amount in Form FIN-1}

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

Note:

\n\n
    \n\t
  1. \n\t
      \n\t\t
    1. \n\t\t
        \n\t\t\t
      1. \n\t\t\t
          \n\t\t\t\t
        1. Lumpsum Sub-Total amount shall be paid separately for each cluster upon acceptance of deliverables/milestones as specified in Special conditions of Contract.
          2. \n\t\t\t\t
        2. For Investigation Activities, payment shall be made on reimbursement basis using the quoted unit rates against the actual quantity measurements taken by the Client's Representative.
          3. \n\t\t\t
        \n\t\t\t
        2. \n\t\t
      \n\t\t
      2. \n\t
    \n\t
    2. \n
\n\n

 

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Item

\n\t\t\t		\n\t\t\t

Cost

\n\n\t\t\t

 

\n\t\t\t
\n\t\t\t

{Consultant must state the proposed Costs in accordance with ITC 16.4 of the Data Sheet; delete columns which are not used}

\n\n\t\t\t

 

\n\t\t\t
\n\t\t\t

{Insert Foreign Currency # 1}

\n\t\t\t		\n\t\t\t

{Insert Foreign Currency # 2, if used}

\n\t\t\t		\n\t\t\t

{Insert Foreign Currency # 3, if used}

\n\t\t\t		\n\t\t\t

{Insert

\n\n\t\t\t

 Local Currency, if used and/or required (16.4 Data Sheet}

\n\t\t\t
\n\t\t\t

Indirect Local Tax Estimates – to be discussed and finalized at the negotiations if the Contract is awarded

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. {insert type of tax. e.g., VAT or sales tax}
    2. \n\t\t\t
\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. {e.g., income tax on non-resident experts}
    2. \n\t\t\t
\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. {insert type of tax}
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

Total Estimate for Indirect Local Tax:

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n

Footnote: Payments will be made in the currency(ies) expressed above (Reference to ITC 16.4).

\n\n

 

\n\n

 

\n\n

FORM FIN-3  Breakdown of Remuneration (Excluding Investigation activities)

\n\n

 

\n\n

When used for Lump-Sum contract assignment, information to be provided in this Form shall only be used to demonstrate the basis for the calculation of the Contract’s ceiling amount; to calculate applicable taxes at contract negotiations; and, if needed, to establish payments to the Consultant for possible additional services requested by the Client.

\n\n

For Cluster 1

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

A. Remuneration                                                                                                                                                                       

\n\t\t\t
\n\t\t\t

No.

\n\t\t\t		\n\t\t\t

Name

\n\t\t\t		\n\t\t\t

Position (as in TECH-6)

\n\t\t\t		\n\t\t\t

Person-month Remuneration Rate

\n\t\t\t		\n\t\t\t

Time Input in Person/Month

\n\n\t\t\t

(from TECH-6)

\n\t\t\t		\n\t\t\t

{Currency # 1- as in FIN-2}

\n\t\t\t		\n\t\t\t

{Currency # 2- as in FIN-2}

\n\t\t\t		\n\t\t\t

{Currency# 3- as in FIN-2}

\n\t\t\t		\n\t\t\t

{Local Currency- as in FIN-2}

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Key Experts

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

K-1

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

[Home]

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

[Field]

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

K-2

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

[Home]

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

[Field]

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Total Costs

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n

For Cluster 4

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

A. Remuneration                                                                                                                                                                       

\n\t\t\t
\n\t\t\t

No.

\n\t\t\t		\n\t\t\t

Name

\n\t\t\t		\n\t\t\t

Position (as in TECH-6)

\n\t\t\t		\n\t\t\t

Person-month Remuneration Rate

\n\t\t\t		\n\t\t\t

Time Input in Person/Month

\n\n\t\t\t

(from TECH-6)

\n\t\t\t		\n\t\t\t

{Currency # 1- as in FIN-2}

\n\t\t\t		\n\t\t\t

{Currency # 2- as in FIN-2}

\n\t\t\t		\n\t\t\t

{Currency# 3- as in FIN-2}

\n\t\t\t		\n\t\t\t

{Local Currency- as in FIN-2}

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Key Experts

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

K-1

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

[Home]

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

[Field]

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

K-2

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

[Home]

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

[Field]

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Total Costs

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n

 

\n\n

 

\n\n

Form  FIN-4  Breakdown of Reimbursable Expenses

\n\n

 

\n\n

When used for Lump-Sum contract assignment, information to be provided in this Form shall only be used to demonstrate the basis for calculation of the Contract ceiling amount, to calculate applicable taxes at contract negotiations and, if needed, to establish payments to the Consultant for possible additional services requested by the Client.

\n\n

For Cluster 1

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

B. Reimbursable Expenses                                                                                                                                                     

\n\t\t\t
\n\t\t\t

N°

\n\t\t\t		\n\t\t\t

Type of Reimbursable Expenses

\n\t\t\t		\n\t\t\t

Unit

\n\t\t\t		\n\t\t\t

Unit Cost

\n\t\t\t		\n\t\t\t

Quantity

\n\t\t\t		\n\t\t\t

{Currency # 1- as in FIN-2}

\n\t\t\t		\n\t\t\t

{Currency # 2- as in FIN-2}

\n\t\t\t		\n\t\t\t

{Currency# 3- as in FIN-2}

\n\t\t\t		\n\t\t\t

{Local Currency- as in FIN-2}

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

{e.g., Per diem allowances**}

\n\t\t\t		\n\t\t\t

{Day}

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

{e.g., International flights}

\n\t\t\t		\n\t\t\t

{Ticket}

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

{e.g., In/out airport transportation}

\n\t\t\t		\n\t\t\t

{Trip}

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

{e.g., Communication costs between Insert place and Insert place}

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

{ e.g., reproduction of reports}

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

{e.g., Office rent}

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

....................................

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

{Training of the Client’s personnel – if required in TOR}

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

                                                                                                           Total Costs

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n

Legend:

\n\n

“Per diem allowance” is paid for each night the expert is required by the Contract to be away from his/her usual place of residence. Client can set up a ceiling.

\n\n

 

\n\n

 

\n\n

For Cluster 4

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

B. Reimbursable Expenses                                                                                                                                                     

\n\t\t\t
\n\t\t\t

N°

\n\t\t\t		\n\t\t\t

Type of Reimbursable Expenses

\n\t\t\t		\n\t\t\t

Unit

\n\t\t\t		\n\t\t\t

Unit Cost

\n\t\t\t		\n\t\t\t

Quantity

\n\t\t\t		\n\t\t\t

{Currency # 1- as in FIN-2}

\n\t\t\t		\n\t\t\t

{Currency # 2- as in FIN-2}

\n\t\t\t		\n\t\t\t

{Currency# 3- as in FIN-2}

\n\t\t\t		\n\t\t\t

{Local Currency- as in FIN-2}

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

{e.g., Per diem allowances**}

\n\t\t\t		\n\t\t\t

{Day}

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

{e.g., International flights}

\n\t\t\t		\n\t\t\t

{Ticket}

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

{e.g., In/out airport transportation}

\n\t\t\t		\n\t\t\t

{Trip}

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

{e.g., Communication costs between Insert place and Insert place}

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

{ e.g., reproduction of reports}

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

{e.g., Office rent}

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

....................................

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

{Training of the Client’s personnel – if required in TOR}

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

                                                                                                           Total Costs

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n

Legend:

\n\n

“Per diem allowance” is paid for each night the expert is required by the Contract to be away from his/her usual place of residence. Client can set up a ceiling.

\n\n

 

\n\n

FORM FIN-5 Bill Of Quantity

\n\n

 

\n\n

When used for Lump-Sum contract assignment, information to be provided in this Form shall only be used to demonstrate the basis for the calculation of the Contract’s ceiling amount; to calculate applicable taxes at contract negotiations; and, if needed, to establish payments to the Consultant for possible additional services requested by the Client. This Form shall not be used as a basis for payments under Lump-Sum contracts

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

COST

\n\t\t\t
\n\t\t\t

No

\n\t\t\t		\n\t\t\t

Task/Item

\n\t\t\t		\n\t\t\t

Quantity

\n\t\t\t		\n\t\t\t

Unit Rate

\n\t\t\t		\n\t\t\t

Total Amount With TAX

\n\t\t\t		\n\t\t\t

Total Amount in Words

\n\t\t\t
\n\t\t\t

1

\n\t\t\t		\n\t\t\t

Parameters of Air

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

2

\n\t\t\t		\n\t\t\t

Parameters of Water

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

3

\n\t\t\t		\n\t\t\t

Parameters of Noise

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

4

\n\t\t\t		\n\t\t\t

Task 3 (Independent Review of selected ESIA/ESMPs for dumpsite remediation)

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Grand Total in FIGURES

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Grand Total in WORDS

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n

 

\n\n

 

\n\n

Section 5.  Eligible Countries

\n\n

 

\n\n

In reference to ITC 6.3.2, for the information of Consultants, at the present time firms, goods and services from the following countries are excluded from this selection:

\n\n

 

\n\n

Under the ITC 6.3.2 (a): None

\n\n

 

\n\n

Under the ITC 6.3.2 (b): None

\n\n

 

\n\n

 

\n\n

Section 6.  Fraud and Corruption

\n\n

(This Section 6, Fraud and Corruption shall not be modified)

\n\n

 

\n\n
    \n\t
  1. Purpose\n\n\t
      \n\t\t
    1. The Bank’s Anti-Corruption Guidelines and this annex apply with respect to procurement under Bank Investment Project Financing operations.
      2. \n\t
    \n\t
    2. \n\t
  2. Requirements
    3. \n
\n\n
    \n\t
  1. The Bank requires that Borrowers (including beneficiaries of Bank financing); bidders (applicants/proposers), consultants, contractors and suppliers; any sub-contractors, sub-consultants, service providers or suppliers; any agents (whether declared or not); and any of their personnel, observe the highest standard of ethics during the procurement process, selection and contract execution of Bank-financed contracts, and refrain from Fraud and Corruption.
    2. \n\t
  2. To this end, the Bank:
    3. \n
\n\n
    \n\t
  1. Defines, for the purposes of this provision, the terms set forth below as follows:
    2. \n
\n\n
    \n\t
  1. “corrupt practice” is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party;
    2. \n\t
  2. “fraudulent practice” is any act or omission, including misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain financial or other benefit or to avoid an obligation;
    3. \n\t
  3. “collusive practice” is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party;
    4. \n\t
  4. “coercive practice” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party;
    5. \n\t
  5. “obstructive practice” is:
    6. \n
\n\n
    \n\t
  1. deliberately destroying, falsifying, altering, or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a Bank investigation into allegations of a corrupt, fraudulent, coercive, or collusive practice; and/or threatening, harassing, or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or
    2. \n\t
  2. acts intended to materially impede the exercise of the Bank’s inspection and audit rights provided for under paragraph 2.2 e. below.
    3. \n
\n\n
    \n\t
  1. Rejects a proposal for award if the Bank determines that the firm or individual recommended for award, any of its personnel, or its agents, or its sub-consultants, sub-contractors, service providers, suppliers and/ or their employees, has, directly or indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing for the contract in question;
    2. \n\t
  2. In addition to the legal remedies set out in the relevant Legal Agreement, may take other appropriate actions, including declaring misprocurement, if the Bank determines at any time that representatives of the Borrower or of a recipient of any part of the proceeds of the loan engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices during the procurement process, selection and/or execution of the contract in question,  without the Borrower having taken timely and appropriate action satisfactory to the Bank to address such practices when they occur, including by failing to inform the Bank in a timely manner at the time  they knew of the practices;
    3. \n\t
  3. Pursuant to the Bank’s Anti- Corruption Guidelines and in accordance with the Bank’s prevailing sanctions policies and procedures, may sanction a firm or individual, either indefinitely or for a stated period of time, including by publicly declaring such firm or individual ineligible (i) to be awarded or otherwise benefit from a Bank-financed contract, financially or in any other manner;[3] (ii) to be a nominated[4] sub-contractor, consultant, manufacturer or supplier, or service provider of an otherwise eligible firm being awarded a Bank-financed contract; and (iii) to receive the proceeds of any loan made by the Bank or otherwise to participate further in the preparation or implementation of any Bank-financed project;
    4. \n\t
  4. Requires that a clause be included in bidding/request for proposals documents and in contracts financed by a Bank loan, requiring (i) bidders (applicants/proposers), consultants, contractors, and suppliers, and their sub-contractors, sub-consultants, service providers, suppliers, agents personnel, permit the Bank to inspect[5] all accounts, records and other documents relating to the procurement process, selection and/or contract execution, and to have them audited by auditors appointed by the Bank.
    5. \n
\n\n

 

\n\n

 

\n\n

Section 7. Terms of Reference

\n\n

Kerala Solid Waste Management Project (KSWMP)

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

Preparation of Environmental and Social Impact Assessment

\n\n

for regional Sanitary Landfills and Transfer

\n\n

Stations in two Clusters and independent review of ESIAs for dumpsite remediation

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

---

\n\n

 

\n\n

April 2023

\n\n

 

\n\n

Abbreviations and Acronyms

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

APHA

\n\t\t\t		\n\t\t\t

American Public Health Association

\n\t\t\t		\n\t\t\t

PCK

\n\t\t\t		\n\t\t\t

Plantation Corporation of Kerala

\n\t\t\t
\n\t\t\t

BIS

\n\t\t\t		\n\t\t\t

Bureau of Indian Standards

\n\t\t\t		\n\t\t\t

PDO

\n\t\t\t		\n\t\t\t

Project Development Objective

\n\t\t\t
\n\t\t\t

CRZ

\n\t\t\t		\n\t\t\t

Coastal Regulation Zone

\n\t\t\t		\n\t\t\t

PAD

\n\t\t\t		\n\t\t\t

Project Appraisal Document

\n\t\t\t
\n\t\t\t

CPCB 

\n\t\t\t		\n\t\t\t

Central Pollution Control Board

\n\t\t\t		\n\t\t\t

PIM

\n\t\t\t		\n\t\t\t

Project Implementation Manual

\n\t\t\t
\n\t\t\t

DPR

\n\t\t\t		\n\t\t\t

Detailed Project Report

\n\t\t\t		\n\t\t\t

PFR

\n\t\t\t		\n\t\t\t

Pre-Feasibility Report

\n\t\t\t
\n\t\t\t

EC

\n\t\t\t		\n\t\t\t

Environmental Clearance

\n\t\t\t		\n\t\t\t

RAP

\n\t\t\t		\n\t\t\t

Resettlement Action Plan

\n\t\t\t
\n\t\t\t

EIA

\n\t\t\t		\n\t\t\t

Environmental Impact Assessment

\n\t\t\t		\n\t\t\t

REOI

\n\t\t\t		\n\t\t\t

Request for Expression of Interest

\n\t\t\t
\n\t\t\t

ESMF

\n\t\t\t		\n\t\t\t

Environmental and Social Management Framework

\n\t\t\t		\n\t\t\t

SPMU

\n\t\t\t		\n\t\t\t

State-level Project Management Unit

\n\t\t\t
\n\t\t\t

ESMP

\n\t\t\t		\n\t\t\t

Environmental and Social Management Plan

\n\t\t\t		\n\t\t\t

SEIAA

\n\t\t\t		\n\t\t\t

State (or Union territory) Level Environment Impact Assessment Authority

\n\t\t\t
\n\t\t\t

FPIC

\n\t\t\t		\n\t\t\t

Free, Prior and Informed Consent

\n\t\t\t		\n\t\t\t

 

\n\n\t\t\t

SEAC

\n\t\t\t		\n\t\t\t

 

\n\n\t\t\t

State Expert Appraisal Committee

\n\t\t\t
\n\t\t\t

FS

\n\t\t\t		\n\t\t\t

Feasibility Study

\n\t\t\t		\n\t\t\t

SIA

\n\t\t\t		\n\t\t\t

Social Impact Assessment

\n\t\t\t
\n\t\t\t

GRM

\n\t\t\t		\n\t\t\t

Grievance Redressal Mechanism

\n\t\t\t		\n\t\t\t

SLF

\n\t\t\t		\n\t\t\t

Sanitary Landfill Facility

\n\t\t\t
\n\t\t\t

KINFRA

\n\t\t\t		\n\t\t\t

Kerala Industrial Infrastructure Development Corporation

\n\t\t\t		\n\t\t\t

SWM

\n\t\t\t		\n\t\t\t

Solid Waste Management

\n\t\t\t
\n\t\t\t

KSWMP

\n\t\t\t		\n\t\t\t

Kerala Solid Waste Management Project

\n\t\t\t		\n\t\t\t

TDF-SMF   

\n\t\t\t		\n\t\t\t

Tribal Development Framework-Social Management Framework

\n\t\t\t
\n\t\t\t

MoEF& CC

\n\t\t\t		\n\t\t\t

The Ministry of Environment, Forest and Climate Change

\n\t\t\t		\n\t\t\t

TSC

\n\t\t\t		\n\t\t\t

Technical Support Consultant

\n\t\t\t
\n\t\t\t

NABET

\n\t\t\t		\n\t\t\t

National Accreditation Board for Education and Training

\n\t\t\t		\n\t\t\t

ToR

\n\t\t\t		\n\t\t\t

Terms of Reference

\n\t\t\t
\n\t\t\t

NOC

\n\t\t\t		\n\t\t\t

No Objection Certificate

\n\t\t\t		\n\t\t\t

ULB

\n\t\t\t		\n\t\t\t

Urban Local Body`

\n\t\t\t
\n\t\t\t

NGO

\n\t\t\t		\n\t\t\t

Non-governmental organization

\n\t\t\t		\n\t\t\t

WSA  

\n\t\t\t		\n\t\t\t

Waste Shed Areas

\n\t\t\t
\n\t\t\t

NGT

\n\t\t\t		\n\t\t\t

National Green Tribunal

\n\t\t\t		\n\t\t\t

WBG

\n\t\t\t		\n\t\t\t

World Bank Group

\n\t\t\t
\n\t\t\t

PP

\n\t\t\t		\n\t\t\t

Project Proponent

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n
    \n\t
  1. \n\t
      \n\t\t
    1. BACKGROUND TO THE STUDY
      2. \n\t
    \n\t
    2. \n
\n\n

 

\n\n

Kerala has been urbanizing more rapidly than the national average. According to the last census, from 2001 to 2011 the percentage of urban population nearly doubled, with an Annual Growth Rate of urban population of 6.5 percent and a population density - 859 persons/sq. km, thrice the national average - 382 persons/sq.km. About 48 percent of the state’s population lives in urban areas (covered under 93 ULBs, and notified urban agglomerations), with 52 percent of population concentrated in mid-small sized ULBs between 20,000-100,000 people, and the remaining 48 percent in bigger ULBs of over 100,000 people.

\n\n

 

\n\n

Government of Kerala has enabled policies and established agencies to support SWM activities across the state. Still SWM services in the state need improvement particularly in various infrastructure and service delivery systems across the value chain. This includes engineered landfills for secured landfilling of inert waste/rejects.

\n\n

 

\n\n

Kerala State Solid Waste Management Project (KSWMP), under LSGD, is implementing the Solid Waste Management Project in 93 ULBs (87 municipalities and 6 corporations) vide G.O (Rt) No. 1420/2020/LSGD dated 29-07-2020.The project is designed for a total cost of USD 300 million with the support of International Bank for Reconstruction and Development(IBRD) and Asian Infrastructure Investment Bank (AIIB), each providing financial of USD 105 million and State Government contributing USD 90 million.

\n\n

 

\n\n

The Project Development Objective is to strengthen the institutional and service delivery systems for solid waste management in Kerala. The project envisages comprehensive upgradation and development of solid waste management activities in various levels under three components:

\n\n

Component 1- Institutional Development, Capacity Building and Project Management

\n\n

Component 2- Grant support to ULBs for SWM.

\n\n

Component 3 - Development of regional SWM facilities.

\n\n

Under Component 3, KSWMP provides for the development of regional facilities including:

\n\n

 

\n\n

a.  regional sanitary landfills (SLF)and transfer stations (TS) for municipal solid waste disposal;

\n\n

b.  regional C&D waste management facilities;

\n\n

c.  regional processing and recycling facilities; and

\n\n

d. closure/remediation of existing dumpsites

\n\n

 

\n\n

In order to facilitate scheduled collection and transportation of the rejects to each landfill, several transfer stations are required in each cluster. Regional planning including clusters and sub-clusters was conducted in 2022, and led to identifying candidate land parcels for developing SLF facilities and associated TS in two out of five clusters.

\n\n

 

\n\n

For this particular assignment, SPMU envisages to hire the services of a consultant (firm) for conducting the Environmental and Social Impact Assessments for the development of regional SWM infrastructure including transfer stations (SLF and TS), for the two clusters (Cluster 1 and 4) where candidate sites have been identified for 1 SLF + 4 TS and 1 SLF+8 TS respectively. Refer Annexure II for getting the cluster details of the project.

\n\n

This document gives a detailed scope of the work to be considered by the E&S Consultant for conducting the Environmental and Social Impact Assessment.

\n\n
    \n\t
  1. \n\t
      \n\t\t
    1.  PROJECT CATEGORIZATION UNDER ESMF
      2. \n\t
    \n\t
    2. \n
\n\n

 

\n\n

Depending on the type of investments and nature of activities, proposed subprojects will have varying impacts on the environment and people. Hence, the type and extent of environmental and social assessment to be carried out to identify and mitigate the impacts also largely depends upon the complexities of project activities and exact locations. It is important to identify the probable impacts and plan for mitigation measures early on, to manage them effectively.

\n\n\n\n

As per ESMF for KSWMP (https://kswmp.org/esmf-guidelines), to facilitate effective screening for Environmental aspects, the subprojects may be categorized as E1, E2, and E3 linked to extent and severity of impacts (depending on the type of activities and Locational characteristics) and regulatory requirements, which will be identified through a screening at the subproject Feasibility or Detailed Project Report stage. Environmental categorization of projects and their safeguard requirements are detailed in the below table.

\n\n

 

\n\n

Table 1: Subproject Categorization based on expected Environmental Impacts as per ESMF

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Proposed Subproject Categories

\n\t\t\t		\n\t\t\t

Description

\n\t\t\t
\n\t\t\t

Extent of Environmental impacts

\n\t\t\t		\n\t\t\t

Type of Projects and Management Tools

\n\t\t\t
\n\t\t\t

E1

\n\t\t\t		\n\t\t\t

Significant

\n\t\t\t		\n\t\t\t

Projects with significant negative impacts including those which require EIA / CRZ clearance as per national regulations (Category A or B as per EIA notification and those which need CRZ clearance at National Level), and those which might impact sensitive environmental components including natural habitats.

\n\n\t\t\t

Project-specific detailed EA preferably by an independent agency. In case the DPR consultant undertakes the EIA; this will be reviewed by an independent consultant for better alignment with project details. WB requirements and national/state laws and regulations are to be followed (in case of inconsistency between them, the more rigorous requirements will apply).  

\n\n\t\t\t

Specific mitigation/monitoring measures including those to improve environmental performance, ensure environmental sustainability and climate resilience/adaptation.

\n\t\t\t
\n\t\t\t

E2

\n\t\t\t		\n\t\t\t

Moderate

\n\t\t\t		\n\t\t\t

Projects with moderate impacts (and those which will not require EIA clearance and may require CRZ clearance at State level).

\n\n\t\t\t

Project-specific EA along with the DPR. Project-specific EMP including measures to improve environmental performance, sustainability, and climate resilience/adaptation. WB requirements and national/state laws and regulations are to be followed (in case of inconsistency between them, the more rigorous requirements will apply). 

\n\t\t\t
\n\t\t\t

E3

\n\t\t\t		\n\t\t\t

Minimal

\n\t\t\t		\n\t\t\t

Projects with minimal negative impacts.

\n\n\t\t\t

Screening Report with measures to improve environmental performance, sustainability, and climate resilience/adaptation; and generic EMP

\n\t\t\t
\n\n

 

\n\n\n\n

Social screening is done to collect basic information on social aspects of the proposed sub-projects. Those sub-projects that have potentially significant social issues are to be identified and based on the level of expected social risks and impacts; detailed social impact assessment is conducted at Feasibility or DPR stage. Level of social risk at sub-project level and requirement of safeguard instruments are explained in the table below.

\n\n

Table 2: Subproject Categorization based on expected Social Impacts as per ESMF

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Proposed Subproject

\n\n\t\t\t

Category

\n\t\t\t		\n\t\t\t

Extent of Social Impacts

\n\t\t\t		\n\t\t\t

Type of Projects and Management Tools

\n\t\t\t
\n\t\t\t

Substantial

\n\t\t\t		\n\t\t\t

Loss of assets[6], loss of livelihood, risk of social exclusion from accessing benefits (vulnerable and women), up to30 labour at the site at any given time and incidence of gender-based violence reported within 100 meters of radius of the sub-project

\n\n\t\t\t

 

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Sub-project Specific: Resettlement Action Plan[7](includes livelihood plan); Tribal Development Plan[8]; Social Management Plan (include Labour management Plan, Gender action plan, stakeholder engagement to be annexed to the DPRs) to be prepared in accordance with the project specific Tribal Development Framework and Social management Framework (TDF-SMF) and Resettlement Policy Framework (RPF)

\n\t\t\t
\n\t\t\t

Moderate

\n\t\t\t		\n\t\t\t

Affected people are not physically displaced but there is loss of asset and/or livelihood[9]; risk of social exclusion from accessing benefits (vulnerable and women) more than 20 but less than 30 labour at the site at any given time and incidence of gender-based violence reported within 100 meters of radius of the sub-project.

\n\t\t\t		\n\t\t\t

Sub-project Specific:  Resettlement Action Plan (include livelihood plan); Tribal Development Plan; Social Management Plan (which will include Labour management Plan, Gender action plan, stakeholder engagement to be annexed to the DPRs) to be prepared in accordance with the project specific Tribal Development Framework and Social Management Framework (TDF-SMF) and Resettlement Policy Framework (RPF)

\n\t\t\t
\n\t\t\t

Low

\n\t\t\t		\n\t\t\t

No land required, no loss of livelihood, no adverse impact on Scheduled Tribe, risk pertaining to social exclusion from accessing benefits (vulnerable and women) and less than 10 labour at the site at any given time and no incident of gender-based violence reported.

\n\t\t\t		\n\t\t\t

Social Management Plan to be (which will include Labour management Plan, Gender action plan, stakeholder engagement to be annexed to the DPRs)

\n\t\t\t
\n\n

 

\n\n

As per PAD (Refer Para 39 & 40), PIM (Refer Section 3.2.4 & 3.5) and ESMF (Refer Section 2.4.2&3.2.2 of EMF document and Chapter 4, 5, 6 and TDF-SMF and RPF) Safeguard documents (environmental impact assessment and social impact assessment) pertaining to Environmental “E1” category and social ‘substantial’ and ‘moderate’ impact levels, investments as defined in the above Table 1 and 2 shall have to be prepared by an independent consultant other than the Technical Support Consultants (TSC) or FS engineering Consultant of KSWMP and based on an agreed ToR to ensure independence in the assessment of the impacts. E1 category is assigned to the subproject as per National EIA Notification 2006 and its amendments, Common SWM facilities are identified as those of major environmental impacts and require Environmental Clearance from the Ministry of Environment, Forests and Climate Change (MoEFCC) or the State.[10] It is expected that detailed Environmental Screening will also identify the site sensitivities in detail. It is expected that for environmental Impacts, the same document will cover the clearance requirements as required under national and state regulations including EIA Notifications, 2006 and its amendments, and CRZ Notification 2019 and any other applicable. In case land is to be acquired, as per the Right to Fair Compensation and Transparent Land Acquisition and Rehabilitation and Resettlement Act 2013 (RFCTLAR&R Act), Social Impact Assessment and Social Management Plan are to be prepared by the Revenue Department. The SIA and SMP will be reviewed by the DPR or Independent Consultant and finalized to align with the requirements of the TDF-SMF and RPF and prepare the RAP, as required. A RAP will be prepared for those dependent on land that is not privately owned by the consultant.

\n\n
    \n\t
  1. \n\t
      \n\t\t
    1. OBJECTIVES
      2. \n\t
    \n\t
    2. \n
\n\n

 

\n\n

The objective of the assignment is to conduct Environmental Impact Assessment and Social Impact Assessments –as part of the safeguard instruments as per ESMF -for the “E1”category subprojects as per EMF, and ‘Substantial and moderate’ for social sub-projects defined in the KSWMP.

\n\n

 

\n\n
    \n\t
  1. \n\t
      \n\t\t
    1. SCOPE OF WORK
      2. \n\t
    \n\t
    2. \n
\n\n

 

\n\n
    \n\t
  1. \n\t\n\t
    2. \n\t
  2. The consultants should be accredited by NABET as required by National EIA requirements. The consultant will also address all relevant environmental and social concerns for the preparation of an Environment Impact Assessment and Social Impact Assessment Report[11] in respect of the project or activity for which prior environmental clearance is sought from Expert Appraisal Committee or State level Expert Appraisal Committee (SEAC). Thus, the consultant shall be well versed in the preparation of EIA as per National EIA / CRZ clearance requirements, and SIA also based on The World Bank (WB) safeguard policies, The World Bank Group (WBG) EHS, and Good International Industry Practices (GIIPs).
    3. \n
\n\n

 

\n\n
    \n\t
  1. The detailed description of services is not an exhaustive list and could incur slight variations as activities progress. The consultant may refer to Annexure I for detailed scope and ESMF document available on the websitewww.kswmp.org.
    2. \n
\n\n

 

\n\n
    \n\t
  1. An engineering consultant will be recruited in parallel to the present assignment to conduct the Feasibility Study (FS). Under the present assignment, the Consultant shall maintain close cooperation with the FS consultant to share any primary and secondary data and information with the FS consultant in order to avoid and minimize project impacts, while impacts assessment will initiate based on sub-project preliminary design communicated by FS consultant, and will be completed only based on Final Feasibility Report.
    2. \n
\n\n

 

\n\n
    \n\t
  1. Whenever tribal communities may be affected by a sub-project during construction or operation, the consultant is to undertake FPIC as described in Annexure III.
    2. \n
\n\n

 

\n\n\n\n

The scope of whole work is sub divided as three tasks as given below:

\n\n

Task 1      Conducting Environmental and Social Impact Assessment for the Proposed Sanitary Landfill Facility at Cheemeni (Cluster 1) and the associated Transfer Stations and obtaining Environmental Clearance, and all permits/ environmental clearances as required under various National / State Regulations as identified through FS, EIA and SIA

\n\n

Task 2      Conducting Environmental and Social Impact Assessment for the Proposed Sanitary Landfill Facility at Ambalamedu (Cluster 4) and the associated Transfer Stations and obtaining Environmental Clearance, and all permits/ environmental clearances as required under various National / State Regulations as identified through FS, EIA, and SIA

\n\n

Task 3      Independent Review of selected EIA/EMPs, SIA/SMPs for dumpsite remediation) prepared by Technical Support Consultants (TSC) as per KSWMP ESMF

\n\n

The broad scope of the proposed consultancy is as follows:

\n\n

For Task 1 and 2 above:

\n\n
    \n\t
  1. Conducting EIA/SIA: Conduct Environmental Impact Assessment and Social Impact Assessments, for the proposed subprojects categorized as “E1” category for Environmental Risks and “substantial and moderate risk” for Social Risks as per ESMF for KSWMP (Refer Table 2 for Risk Categorization) and preparation of sub-project/Site-Specific Environmental Management Plan, Social Management Plan (including Gender Action Plan, livelihood action plan[12] and Labour management Plan), and Resettlement Action Plan, and Tribal Development Plan (when required) and other plans so that positive impacts of the project are ensured/enhanced and adverse impacts during pre-construction, construction and operation stages of the Project and all associated/ancillary works and linked activities / associated facilities if any, are managed following the mitigation hierarchy. This should follow the EIA Notification 2006 and its amendments; other National/State regulatory requirements and WB Safeguard Policies, as guided by the Environment Management Framework (EMF), Tribal Development Framework and Social Management Framework (TDF-SMF) and Resettlement Policy Framework (RPF) of KSWMP
    2. \n\t
  2. Obtaining Approvals / Environmental Clearance: The Consultant shall support the Client in getting the EIA/SIA approvals and Environmental Clearances as necessary including preparing and submitting necessary forms and applications, follow up on the clarifications / queries from statutory bodies, ensure the authorities are provided with sufficient information to obtain the approvals such as Environmental Clearance for the two Clusters. The consultant shall also prepare required documents, conduct discussions as required for obtaining statutory permissions/NOCs, if the projects fall in delineated Coastal Regulation Zones/ Areas, or as required under various applicable environmental regulations (pertaining to site), as identified through EIA and SIA.
    3. \n\t
  3. Citizen Engagement:
    4. \n
\n\n

(a) Stakeholder Consultations during EIA/SIA and on Draft EIA/SIA: The consultant shall conduct stakeholder consultations/Focus Group Discussions to mainstream citizen engagement in the sub-project cycle. The subproject shall ensure two-way communication and engagement throughout the EIA and SIA and preparation of the E&S Management Plans. The Citizen Engagement framework includes mapping of stakeholders: both service providers and generators; map the vulnerable in each category, identify them in the specific sites/location; engage with stakeholders (planning for sub projects); ensuring that the vulnerable are represented; organize the ward level stakeholder consultations on the draft EIA/SIA.

\n\n

(b) Public Hearing for EC: For Environmental Clearance of the two Clusters, the Consultant shall arrange public hearing at the site or in its close proximity- district wise (or as prescribed by the relevant authorities) for ascertaining concerns of local affected persons and get No Objection Certificates (NOC) from Kerala State Pollution Control Board. Procedures to be carried out for arranging project based public hearings shall be the responsibility of the consultant. This includes advertisement in the local newspapers and social media, discussions in the Ward Sabhas, distribution of IEC materials etc. The concerns of the public/project affected people shall be incorporated in the final EIA/SIA report. (iv) Disclosure Requirements: The consultants are to provide support and assistance to the Client (SPMU) in meeting the disclosure requirements, which shall meet the World Bank policy on public disclosure, and National / State requirements. The consultants shall prepare a plan for in-country disclosure, specifying the timing and locations for consultations; translate the key documents, such as the EIA/SIA summary in Malayalam (local) language; draft the newspaper (leading and local newspapers) announcements for disclosure, and help the SPMU to place all the EIA reports in the website-www.kswmp.org. All comments/suggestions of the public hearing shall be well recorded and filed at SPMU for future reference, and EIA/SIA shall be updated with details of consultations and addressing the comments of all stakeholders and redisclosed.

\n\n

For Task 3 above:

\n\n

(v)    The consultant shall conduct an Independent Review of select EIA/EMPs and SIA/SMPs prepared by TSC for dumpsite remediation (following the requirements in KSWMP ESMF). SPMU will inform the consultant on the reports to be reviewed as and when ready and the consultant will be retained for the task for the project period. This consultant will review the documents (with an understanding on the site and proposed remediation activities based on available site details/reports and a site visit), prepared by the TSC consultants and suggest / guide on additional studies and due diligence required on the selected sites, which will be subsequently carried out by TSC to update and finalize the report.

\n\n

 

\n\n
    \n\t
  1. \n\t
      \n\t\t
    1. APPLICABLE STANDARDS, POLICIES AND GUIDELINES
      2. \n\t
    \n\t
    2. \n
\n\n

 

\n\n

The Consultant is expected to follow all the applicable National and State Government of Kerala (GoK) Environmental and Social laws, regulations, standards and guidelines in addition to the below:

\n\n
    \n\t
  1. ESMF (EMF, SMF, TDF) of KSWMP (https://kswmp.org/#) which also describes the World Bank Group EHSGs
    2. \n\t
  2. CPCB/KSPCB guidelines/Environmental Standards
    3. \n\t
  3. EIA notification 2006 and latest amendments, based on the Environment Protection Act, 1986 and its amendments.  
    4. \n\t
  4. CRZ notification 2019 and any latest amendments
    5. \n\t
  5. RFCTLAR&R Act 2013 and GoK’s state R&R policy 2017.
    6. \n\t
  6. GoK’s State Tribal laws and policies
    7. \n\t
  7. The World Bank Operational Policies (OP/BP 4.01,4.04,4.09, 4.10, 4.11& 4.12)
    8. \n
\n\n

 

\n\n
    \n\t
  1. \n\t
      \n\t\t
    1. SCHEDULE OF DELIVERABLES
      2. \n\t
    \n\t
    2. \n
\n\n

 

\n\n

The Consultant will deliver the subproject-specific Management Plans in compliance with the applicable requirements, and recommendations as per the state and national standards and WBG safeguard policies, in line with ESMF for KSWMP. Consultant may also refer Section 5.4 of Chapter 5 of the Document ‘Scheme for Accreditation of EIA Consultant Organizations’ by QCI-NABET.

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

No.

\n\t\t\t		\n\t\t\t

Deliverables

\n\t\t\t		\n\t\t\t

Expected period from date of Contract

\n\t\t\t
\n\t\t\t

A)  Task 1 & Task 2

\n\t\t\t
\n\t\t\t

1

\n\t\t\t		\n\t\t\t

Inception Report

\n\t\t\t		\n\t\t\t

2 weeks

\n\t\t\t
\n\t\t\t

2

\n\t\t\t		\n\t\t\t

Preparation of draft ToR for conducting EIA study as EIA notification 2006

\n\t\t\t		\n\t\t\t

4 weeks

\n\t\t\t
\n\t\t\t

3

\n\t\t\t		\n\t\t\t

Preparation of final ToR for conducting EIA study as per EIA notification 2006

\n\t\t\t		\n\t\t\t

6 weeks

\n\t\t\t
\n\t\t\t

4

\n\t\t\t		\n\t\t\t

Interim Report

\n\n\t\t\t

Detailing status of activities incl. review of environmental screening, data collection, road blocks, main findings, details on host community, methodology for social screening and impact assessment, any modification of methodologies, etc.

\n\t\t\t		\n\t\t\t

8 weeks

\n\t\t\t
\n\t\t\t

5

\n\t\t\t		\n\t\t\t

Stakeholder Consultations

\n\t\t\t		\n\t\t\t

10 weeks

\n\t\t\t
\n\t\t\t

5a

\n\t\t\t		\n\t\t\t

Draft Environmental Impact Assessment and Social Impact Assessment report (with translated summary in Malayalam) including ESMP, Monitoring Plan, Budget, Institutional Responsibilities

\n\t\t\t		\n\t\t\t

20 weeks

\n\t\t\t
\n\t\t\t

5b

\n\t\t\t		\n\t\t\t

Final Environmental Impact Assessment and Social Impact Assessment report (with translated summary in Malayalam) including Resettlement Action Plan ESMP, Monitoring Plan, Budget, Institutional Responsibilities (also including monitoring data for Pre-monsoon (April-Mid may) and post monsoon (August)

\n\t\t\t		\n\t\t\t

26 weeks

\n\t\t\t
\n\t\t\t

6

\n\t\t\t		\n\t\t\t

Gender Action Plans (GAP)

\n\t\t\t		\n\t\t\t

32 weeks

\n\t\t\t
\n\t\t\t

7

\n\t\t\t		\n\t\t\t

Livelihood Action Plan

\n\t\t\t
\n\t\t\t

8

\n\t\t\t		\n\t\t\t

Labour Management Plan (LMP)

\n\t\t\t
\n\t\t\t

9

\n\t\t\t		\n\t\t\t

Tribal Development Plan-(TDP)

\n\t\t\t		\n\t\t\t

36 weeks

\n\t\t\t
\n\t\t\t

10

\n\t\t\t		\n\t\t\t

Documentation & arrangements for obtaining the Environmental Clearance & all related statutory clearances

\n\t\t\t		\n\t\t\t

40 weeks

\n\t\t\t
\n\t\t\t

11

\n\t\t\t		\n\t\t\t

Handholding the Client for obtaining the Environmental Clearance & all related statutory clearances

\n\t\t\t		\n\t\t\t

Until issue of the EC & related clearances

\n\t\t\t
\n\t\t\t

B) Task 3

\n\t\t\t
\n\t\t\t

1

\n\t\t\t		\n\t\t\t

Submission of draft comments on EIA documents for Dumpsite Remediation prepared by TSC

\n\t\t\t		\n\t\t\t

From 14th week for each subproject EIA and SIA documents under Task 3

\n\t\t\t
\n\t\t\t

2

\n\t\t\t		\n\t\t\t

Submission of final comments on EIA documents for Dumpsite Remediation prepared by TSC

\n\t\t\t		\n\t\t\t

Two weeks for each subprojects EIA & SIA document from submission of draft EIA/SIA document for dumpsite remediation

\n\t\t\t
    
\n\n

 

\n\n
    \n\t
  1. \n\t
      \n\t\t
    1.  KEY STAFF
      2. \n\t
    \n\t
    2. \n
\n\n

 

\n\n

EIAs are essentially multi-disciplinary activities where inputs are required from specialists having knowledge of the industry/sector for which EIAs are to be carried out as well as in functional areas like land use, air pollution control, air quality modeling, water pollution control, noise and vibration, ecology, ecotoxicology, bio-diversity, sociology and socio-economy, risks and hazard management of solid waste etc.

\n\n

The Consultant should note that the presence of Schedules Tribes was confirmed at least one SLF site. FPIC will necessitate experience in engaging tribal communities, specifically in Northern Kerala either through Key staff or by hiring specific staff to conduct the consultation and information with the concerned communities, in their own language e.g., Tulu.

\n\n

The Consultant’s team is expected to include the following key staff and supporting staff for the EIA study which shall also include the minimum requirements of the Consultant Organization as per NABET accreditation. The Consultant may refer Section 5.1 of Chapter 5 of the Document ‘Scheme for Accreditation of EIA Consultant Organizations’ by QCI-NABET while considering the qualification and experience of EIA Coordinator, Functional Area Experts (FAEs) and Functional Area Associates (FAAs).

\n\n\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

No.

\n\t\t\t		\n\t\t\t

Key Staff

\n\t\t\t		\n\t\t\t

Qualification and Experience

\n\t\t\t
\n\t\t\t

K1

\n\t\t\t		\n\t\t\t

Team Leader

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  • A post-graduate / doctoral degree holder in Civil or Environmental Engineering or Social Sciences or a related field with at least 15 years of experience in delivering ESIA for Multilateral/Bilateral agencies; or EIA for National projects.
    • \n\t\t\t\t
  • Experience of preparing environmental assessments and social assessment and environmental and social management plans, Knowledge of the National and World Bank’s operational policies/directives, guidelines, and procedures related.
    • \n\t\t\t
\n\t\t\t
\n\t\t\t

K2

\n\t\t\t		\n\t\t\t

EIA Coordinator

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  • Master’s degree in Civil/Environmental/Chemical engineering
    • \n\t\t\t\t
  • NABET accredited EIA Coordinator for Solid Waste Management
    • \n\t\t\t\t
  • At least 10 years of experience on environmental impact assessment and/or environmental management aspects of development projects including common solid waste management projects
    • \n\t\t\t\t
  • Experience of preparing environmental assessments and environmental management plans, knowledge of the World Bank’s operational policies/directives, guidelines, and procedures related.  
    • \n\t\t\t
\n\t\t\t
\n\t\t\t

K3

\n\t\t\t		\n\t\t\t

Social Development Coordinator

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  • Master’s degree in Social Science/Social Work/Sociology/Rural Development/Economic Sociology or any other social subject
    • \n\t\t\t\t
  • At least 10years’ experience in social development in which at least 2 years of experience in ESIA projects.
    • \n\t\t\t\t
  • Experience in conducting baseline socio-economic surveys/ focus group discussions/ participatory rural appraisal (PRA)/rapid rural appraisal (RRA) and social screening for identifying potential social risks(any development project funded by central/state government/ international agencies)
    • \n\t\t\t\t
  • Adequate knowledge of SIA legislation process in India and completed at least 3 SIA projects
    • \n\t\t\t\t
  • Experience in engaging with Scheduled Tribes
    • \n\t\t\t\t
  • Experience with FPIC (Free Prior Informed Consultation) will be an advantage
    • \n\t\t\t\t
  • Experience in livelihood development activities
    • \n\t\t\t
\n\t\t\t
\n\t\t\t

K4

\n\t\t\t		\n\t\t\t

Environmental Expert

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  • A Master’s degree holder in Environmental Engineering, biochemistry or ecotoxicology or related with at least 5 years of experience in undertaking waste -related EIA / ESA studies
    • \n\t\t\t\t
  • Experience in screening and testing of hazardous substance and pollutants such as pesticides, fungicides, herbicides, etc.
    • \n\t\t\t
\n\t\t\t
\n\t\t\t

K5

\n\t\t\t		\n\t\t\t

Ecology &Biodiversity Expert

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  • University Post graduation degree/ doctorate in zoology, Botany, Forestry, Environmental Science, subjects of natural science, biotechnology
    • \n\t\t\t\t
  • At least 5 years of experience on bio-diversity aspects of environmental assessment and/or environmental management of development projects including solid waste management 
    • \n\t\t\t
\n\t\t\t
\n\t\t\t

K6

\n\t\t\t		\n\t\t\t

Cultural Heritage Expert

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  • Masters/Bachelor’s degree in Conservation, Archeology, Heritage, or similar disciplines.
    • \n\t\t\t\t
  • Minimum 5 years’ experience in preparing impact assessments related to physical and cultural resources
    • \n\t\t\t
\n\t\t\t
\n\t\t\t

K 7

\n\t\t\t		\n\t\t\t

Land Acquisition Expert

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  • Masters in social sciences or similar.
    • \n\t\t\t\t
  • Minimum 5 years’ experience in preparing Land acquisition Plans
    • \n\t\t\t\t
  • Experience in rehabilitation procedures
    • \n\t\t\t
\n\t\t\t
\n\t\t\t

K8

\n\t\t\t		\n\t\t\t

Labour Management Expert

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  • Bachelor's degree in labour law
    • \n\t\t\t\t
  • 5 years’ experience in working on labour welfare
    • \n\t\t\t\t
  • Experience in preparing labour management plans for developmental projects
    • \n\t\t\t
\n\t\t\t
\n\t\t\t

K9

\n\t\t\t		\n\t\t\t

Gender & Communication Expert

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  • Master’s in Social Sciences, with specialization in Gender or other allied subjects with over 5 years of relevant experience in stakeholder engagement and consultations.
    • \n\t\t\t\t
  • Similar relevant work experience on at least two previous projects that used the participatory and community-based approach.
    • \n\t\t\t
\n\t\t\t
\n\t\t\t

K10

\n\t\t\t		\n\t\t\t

Stakeholder Engagement Expert

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  • Master’s in social work/Social Science with 5 years’ experience in community consultation and social mobilization and local institution development
    • \n\t\t\t\t
  • Experience with Scheduled Tribes
    • \n\t\t\t
\n\t\t\t
\n\t\t\t

K11

\n\t\t\t		\n\t\t\t

Livelihood and Tribal Development Expert

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  • Master in Gender, Social Sciences, demography or Development with over 5 years of relevant experience in livelihood development activities and tribal development activities
    • \n\t\t\t
\n\t\t\t
\n\t\t\t

Others

\n\t\t\t		\n\t\t\t

NABET accredited Functional Area Experts as required for EIA (Noise, Air quality, SWM, Water pollution, Land use, hydrogeology, ground water and water conservation, health and safety)

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  • Bachelor’s (graduate) degree or equivalent in technical subjects such as Engineering, Technology, Architecture, Environmental Planning, Town Planning and the like from a UGC /AICTE recognized University/ Institution in specific disciplines as mentioned against each functional area (Refer Section 2.3 of Appendix A of document ‘Scheme for Accreditation of EIA Consultant Organizations’ by QCI-NABET).
    • \n\t\t\t\t
  • An in-depth knowledge in their respective areas of specialization.
    • \n\t\t\t\t
  • Understanding of the EIA process, legislations and rules/regulations with respect to the functional areas applied for.
    • \n\t\t\t
\n\t\t\t
\n\n

 

\n\n
    \n\t
  1. \n\t
      \n\t\t
    1.  PAYMENT MILESTONES
      2. \n\t
    \n\t
    2. \n
\n\n

 

\n\n

The Consultant shall be paid as per the payment milestones set out in the following Table. For the purpose of release of payment, the Task 1 and Task 2 shall be considered as two independent assignments, with mutually exclusive set of deliverables.

\n\n

For Task 3, the Consultant shall undertake all the activities stipulated in the scope of work defined for the Task 3 for those specific sites to be shared in writing by the Client. In the financial BoQ of this RFP, an indicative number of two sites are provided. However, the actual number of sites for Task 3 would depend upon the outcome of a study being undertaken by another set of Consultants. If the number of sites increase beyond the two sites indicated in the Financial BoQ, the Client will grant a variation order for the additional sites, based on the unit rate entered by the Consultant for one site.

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

No.

\n\t\t\t		\n\t\t\t

Deliverables

\n\t\t\t		\n\t\t\t

Expected period from date of Contract

\n\t\t\t		\n\t\t\t

Payment Milestones

\n\t\t\t
\n\t\t\t

A)  Task 1 & Task 2

\n\t\t\t
\n\t\t\t

1

\n\t\t\t		\n\t\t\t

Inception Report

\n\t\t\t		\n\t\t\t

2 weeks

\n\t\t\t		\n\t\t\t

5%

\n\t\t\t
\n\t\t\t

2

\n\t\t\t		\n\t\t\t

Preparation of draft ToR for conducting EIA study as EIA notification 2006

\n\t\t\t		\n\t\t\t

4 weeks

\n\t\t\t		\n\t\t\t

0

\n\t\t\t
\n\t\t\t

3

\n\t\t\t		\n\t\t\t

Preparation of final ToR for conducting EIA studyas per EIA notification 2006

\n\t\t\t		\n\t\t\t

6 weeks

\n\t\t\t		\n\t\t\t

10%

\n\t\t\t
\n\t\t\t

4

\n\t\t\t		\n\t\t\t

Interim Report

\n\n\t\t\t

Detailing status of activities incl. review of environmental screening, data collection, road blocks, main findings, details on host community, methodology for social screening and impact assessment, any modification of methodologies, etc.

\n\t\t\t		\n\t\t\t

8 weeks

\n\t\t\t		\n\t\t\t

10%

\n\t\t\t
\n\t\t\t

5

\n\t\t\t		\n\t\t\t

Stakeholder Consultations

\n\t\t\t		\n\t\t\t

10 weeks

\n\t\t\t		\n\t\t\t

0

\n\t\t\t
\n\t\t\t

5a

\n\t\t\t		\n\t\t\t

Draft Environmental Impact Assessment and Social Impact Assessment report (with translated summary in Malayalam) including ESMP, Monitoring Plan, Budget, Institutional Responsibilities

\n\t\t\t		\n\t\t\t

20 weeks

\n\t\t\t		\n\t\t\t

10%

\n\t\t\t
\n\t\t\t

5b

\n\t\t\t		\n\t\t\t

Final Environmental Impact Assessment and Social Impact Assessment report, Resettlement Action Plan (RAP)(with translated summary in Malayalam) including ESMP, Monitoring Plan, Budget, Institutional Responsibilities

\n\t\t\t		\n\t\t\t

26 weeks

\n\t\t\t		\n\t\t\t

15%

\n\t\t\t
\n\t\t\t

6

\n\t\t\t		\n\t\t\t

Gender Action Plans (GAP)

\n\t\t\t		\n\t\t\t

32 weeks

\n\t\t\t		\n\t\t\t

15%

\n\t\t\t
\n\t\t\t

7

\n\t\t\t		\n\t\t\t

Livelihood Action Plan (LAP)

\n\t\t\t
\n\t\t\t

8

\n\t\t\t		\n\t\t\t

Labour Management Plan (LMP)

\n\t\t\t
\n\t\t\t

9

\n\t\t\t		\n\t\t\t

Tribal Development Plan-(TDP)

\n\t\t\t		\n\t\t\t

36 weeks

\n\t\t\t
\n\t\t\t

10

\n\t\t\t		\n\t\t\t

Documentation & arrangements for obtaining the Environmental Clearance & all related statutory clearances

\n\t\t\t		\n\t\t\t

40 weeks

\n\t\t\t		\n\t\t\t

10%

\n\t\t\t
\n\t\t\t

11

\n\t\t\t		\n\t\t\t

Handholding the Client for obtaining the Environmental Clearance & all related statutory clearances

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Until issue of the EC & related clearances

\n\t\t\t		\n\t\t\t

25%

\n\t\t\t
\n\t\t\t

B) Task 3

\n\t\t\t
\n\t\t\t

1

\n\t\t\t		\n\t\t\t

Submission of draft comments on EIA documents for Dumpsite Remediation prepared by TSC

\n\t\t\t		\n\t\t\t

From 14th week for each EIA & SIA document under Task 3

\n\t\t\t		\n\t\t\t

50%

\n\t\t\t
\n\t\t\t

2

\n\t\t\t		\n\t\t\t

Submission of final comments on EIA documents for Dumpsite Remediation prepared by TSC

\n\t\t\t		\n\t\t\t

Two weeks for each EIA & SIA document from submission of draft EIA document for dumpsite remediation

\n\t\t\t		\n\t\t\t

50%

\n\t\t\t
     
\n\n

 

\n\n

 

\n\n
    \n\t
  1. \n\t
      \n\t\t
    1.   INPUTS FROM CLIENT
      2. \n\t
    \n\t
    2. \n
\n\n

 

\n\n

  Client will make available the following to the Consultant:

\n\n

 

\n\n
    \n\t
  1. Introduction letters to concerned authorities regarding the scope of work of the consultants and type of supports to be provided.
    2. \n\t
  2. Any supporting documents at the Client’s disposal necessary for the completion of the consultant's duties.
    3. \n\t
  3. Access to all available studies, reports, documents, and contracts related to the Project on request by the consultants.
    4. \n\t
  4. Access to the sites to conduct required tests and studies
    5. \n\t
  5. Assistance in arranging meetings with the concerned Departments of the Government of Kerala, project executing agencies and other authorities and stakeholders as necessary during the consultant’s work, based on consultant’s request.
    6. \n\t
  6. The consultants shall verify the correctness of the data/information provided by the Client and satisfy themselves with the accuracy of data/information /material before these are used. Data/information/material provided to the consultants shall remain the property of the originating agency and shall be provided solely for the purpose of the work conducted under this contract. All such borrowed material shall be returned to the Client/concerned agency/originating agency upon completion of the assignment. Apart from data/information provided by the Client and that which the consultants could procure from other agencies, the consultants shall be responsible to collect any other data/information required for the assignment, through field survey and investigations.
    7. \n
\n\n

 

\n\n
    \n\t
  1. \n\t
      \n\t\t
    1. CONSULTANT’S FACILITIES
      2. \n\t
    \n\t
    2. \n
\n\n

 

\n\n

It should be noted that the consultant shall arrange all the administrative, technical, professional and support staff needed to carry out their services efficiently. The Consultants shall also be responsible for arranging all other necessary facilities, and logistical support for its staff/teams engaged, including accommodation, vehicles/transportation, office equipment, field survey and investigation equipment, laboratory testing, communications, utilities, office supplies and other miscellaneous requirements wherever applicable to render their services. During the site inspection health and safety guidelines have to be taken into account by the Consultants for their field staff.

\n\n

 

\n\n

ANNEXURE 1:  Detailed scope of work for EIA &SIA as laid down in the ESMF

\n\n

 

\n\n

Note: Additionally, the Consultant shall undertake all necessary activities required for facilitating the issue of the Environmental Clearance for the Regional SWM Infrastructure in Cluster 1 and Cluster 4, as prescribed in the EIA notification 2006 and latest amendments, based on the Environment Protection Act, 1986 and its amendments.

\n\n

Section A – Environmental Impact Assessment

\n\n

Tasks which are involved in Environmental Impact Assessment include:

\n\n
    \n\t
  1. Updating the Screening Sheet:
    2. \n
\n\n

The consultant shall review the Environmental Screening(Stage 1, 2) provided by the SPMU and review this vis-a-vis the Project Details and locational characteristics. This shall be updated to identify the issues which need attention, conform its categorization as per ESMF also National EIA / CRZ or other requirements.

\n\n
    \n\t
  1. Background of the Project:
    2. \n
\n\n

A review of the project background shall be assessed with respect to (a) status analysis of the baseline scenario and existing solid waste management practices across the value chain (b) description of each of the proposed components, activities and sub-activities. The task shall also bring out the rationale, the need for the proposed project, and list out the various benefits of project implementation. As part of this activity, the consultant shall provide necessary maps to scale. 

\n\n
    \n\t
  1. Environmental Scoping:
    2. \n
\n\n

Environmental scoping shall be undertaken to identify the environmental hot spots along the project corridors, project relevance to climate change and determine the level of environmental analysis required for the EA. The consultant shall carry out a preliminary analysis to assess the nature, scale, and magnitude of the impacts that the project is likely to cause on the environment. In case of significant environmental impacts encountered (may apply to the entire project/specific project interventions/specific locations), the consultants shall explore possible alternatives to the project and/or project components in a consultative manner. As guided by ESMF, Analysis of alternatives should also cover alternatives to the subproject location, design, technology, and O&M approach. 

\n\n

The scoping exercise shall be supported through secondary and reconnaissance surveys and, stakeholder consultations on the existing environment scenario. As part of the exercise, the consultants shall:

\n\n
    \n\t
  1. Identify sensitive locations in the project area including regionally or nationally recognized environmental resources and sensitive receptors including manmade land uses and activity areas like hospitals, schools, etc. This also should include details on past landuse&existing contamination on site, as guided by the screening format in EMF.
    2. \n\t
  2. Establish baseline environmental quality concerning air, water, and noise at sensitive receptors.
    3. \n\t
  3. List and map common property resources such as roadside trees; forests, large water bodies; and major physical cultural properties, etc. Identify Human settlement, physical infrastructure, and project activities that would result in severance.
    4. \n
\n\n

During preliminary site screening and from media reports, it was identified that one of the sites, Cheemeni in Kasargod is identified as reporting historical contamination due to pesticides. In case of any possibility of historical contamination this will also include Environmental Site Assessment in line with National Guidelines[13](Identification, Preliminary Investigation) and international good practices (such as ASTM standards for Environmental Site Assessment – (Phase 1 and 2)).  The intent of this is to assess if current or historical property uses have impacted the soil or groundwater beneath the property and could pose a threat to the environment and/or human health. Identification (Ph 1) reports typically include a discussion of observed suspect asbestos containing materials, potential lead-based paint, pesticides, and any other contaminant. Sampling and monitoring for this shall be performed in soil and water if found required. The consultants shall also appraise the project in terms of substantial greenhouse gas reduction potential and substantial need for adaptation to possible climate change effects.

\n\n

The consultants shall review various earlier studies such as feasibility and detailed project reports, etc., of the project and understand the project and various aspects associated with the same. This shall provide a base to formulate the environmental surveys necessary for the project and assessing the impacts of the same.

\n\n
    \n\t
  1. Legislative and Regulatory Considerations:
    2. \n
\n\n

A review of the legal and regulatory provisions applicable to the project shall be carried out in this task. The objective of the review is to bring out the legal and policy issues to be addressed in the project at various stages of project development such as planning, design, execution, and operation. In addition to the national and local regulations, the WB operational policies and its applicability to the projects need to be reviewed and a detailed gap assessment with the country legislations and the methodology to bridge the gaps needs to be presented. The review shall thus provide a complete list of regulatory formalities required for the project and various clearances required from different regulatory agencies including the State Pollution Control Board.

\n\n
    \n\t
  1. Preparation of Environmental Profile and environmental Impact Assessment:
    2. \n
\n\n

The first activity under this task would be the determination of the project influence area based on the expected impact/influence of the project over the region. In the case of regional/ cluster level projects like regional landfills or centralized treatment facilities for multiple ULBs, the project influence area can be assumed as regional. Impacts over project region shall be considered for analysis and an appropriate region of influence shall be selected as project influence area. This must ideally include natural/physical boundaries and must be expanded to coincide with the nearest administrative boundary to ensure mitigation actions are implemented.

\n\n

An environmental profile of the project influence area shall be prepared, based on appropriate primary and secondary surveys and field investigations. The objective of this profile is to establish existing environmental conditions of the project area, in terms of air, water, noise, soil and other environmental parameters, which should form the basis for the prediction of impacts due to proposed project activities. As part of this, the environmentally sensitive land uses (protected natural areas, areas of ecological value, sensitive receptors like schools, hospitals, etc.) would also be identified and plotted on a map to scale.

\n\n

The extent and duration (at least one season for rapid assessment and the three seasons for full detailed assessment) of surveys shall be judiciously decided by the consultant as per requirements of the environmental regulations applicable in India and guidelines of international funding agencies. The profile prepared shall be adequate to predict the impacts of the project and shall cater to the requirements of obtaining necessary environmental clearances from the authorities. The profile shall essentially include all physical, ecological and socio-economic components of the project environment and bring out the salient and sensitive features of the same. Important aspects such as reserve forests, national parks, major water bodies, structures of archaeological/historic importance, and other environmental resources (if any) shall be identified and salient features of the same shall be presented.

\n\n

Baseline assessment shall be carried out based on the outcome of Environmental Scoping carried out for the project. The baseline conditions shall be established through detailed primary level field surveys. All assessments as required for National EIA Notification and WB Safeguard policies applicable to KSWMP; namely OP 4.01 Environmental Assessment, OP 4.04 Natural Habitats, OP 4.09 Pest Management, OP 4.11 Physical Cultural Resources (PCR) shall be conducted. The specific tasks under this include the following:

\n\n

 

\n\n
    \n\t
  1. Data shall be collected on relevant physical, biological, and socio-economic conditions to establish the current environmental status of the project area. The data collection should be undertaken to arrive at meaningful information that will facilitate the assessment of impacts and preparing the management plans. Broadly, the following form of the data categories shall be covered.
    2. \n\t
  2. Physical environment, including topography, geology and geomorphology, slope stability inventory (to include identification of landslide or erosion-prone areas), hydrology and water resources, unique features (rocks, waterfalls etc.), air quality, surface water/ ground water quality, noise level.
    3. \n\t
  3. Climate Conditions and projected climate change: Compile all available historical and current data on average annual and monthly temperature and precipitation, highs and lows, and available information on flood levels and areas of influence. Compile available information on climate change projections for the area of study. Make a conclusion on the potential effects of temperature/rainfall and storm intensity variations – from both present variability and with the anticipated effects of climate.
    4. \n\t
  4. Biological/ecological environment, including flora and fauna in the project area (both aquatic and terrestrial, and identification of any endangered, threatened or legally protected species as well as species of economic or cultural importance), forest cover and quality, and description of aquatic or terrestrial wildlife habitat and movement including any zones or locations of known wildlife crossings within project’s area of influence.
    5. \n\t
  5. Qualitative analysis of the environmental attributes using Indices namely, air quality index, water quality index, ecological indices etc. shall be done for assessing existing environmental status.
    6. \n\t
  6. Examine and submit details of storm water/ leachate collection from the proposed landfill sites
    7. \n\t
  7. All environmental samples collection and their analysis shall be done as per BIS and APHA Standards and through NABL accredited laboratories.
    8. \n\t
  8. Traffic management plan shall be developed based on the existing traffic scenarios in and around the project influence area.
    9. \n\t
  9. Deforestation/trees cutting (both direct but also indirect/induced through project influx, changes to land use, etc.) shall be identified and a compensatory afforestation programme shall be developed and the same may be included in the project EMP.  
    10. \n\t
  10. The current land uses at the proposed project site and the study area using maps plotted to an appropriate scale, covering lakes/ponds and their uses, forests and its classification, ecologically sensitive areas (sanctuaries, national parks, wildlife corridors, identified areas of nesting, common properties, hilly, grazing, sensitive areas, mangroves and/or of interest of migratory birds, etc.), prominent landmarks, sensitive receptors, community severance, village settlements, agricultural lands, pasture, and barren lands, various categories of CRZ areas if any, etc. In case of any existing structure or facility at the proposed site, the consultant shall conduct Environmental Audit and suggest mitigation measures to make it environmentally acceptable and adhering to the standards prescribed in National State regulations and EMF. Linked / associated facilities need to be identified and impacts and mitigation measures arrived at. When the subproject depends on a collection transportation system (existing or proposed or a treatment & disposal system, the impacts due to and on these shall also be identified and mitigated.
    11. \n\t
  11. Critical areas of environmental importance shall be identified as an output of the current environmental status of the project sites
    12. \n\t
  12. The Consultant shall identify positive and negative impacts likely to result from the proposed project, interpreting “environmental” throughout the Environmental Impact Assessment to include socio-economic impacts as well as impacts on the natural environment. All the project activities during pre-construction, construction, and operation phases shall be considered to assess the impacts. The impact assessment shall necessarily cover the “no action” alternative in the analysis. The consultants shall regularly interact with the technical team of the project to share the findings of the impact assessment. Consultant may use prediction models to quantify the predicted impacts of the projects on various environmental attributes. However, the assessment of environmental impacts shall necessarily cover (but not limited to) the following:
    13. \n
\n\n
    \n\t
  1. Impacts on the surface water bodies;
    2. \n\t
  2. Impact on the groundwater – both in terms of the quantity as well as the potential impact of contamination;
    3. \n\t
  3. Impact on the air quality;
    4. \n\t
  4. Impacts on topography and surface drainage due to the proposed project activities in the project area;
    5. \n\t
  5. Community and cultural severance identified through consultations;
    6. \n\t
  6. Expected impacts on the land use patterns at and around the proposed project facilities/components;
    7. \n\t
  7. Impact on ecologically sensitive features including spawning areas within creeks/estuaries/ mangroves/wetlands etc.;
    8. \n\t
  8. Assess stress on ecological environment due to the project;
    9. \n\t
  9. Assess the change of stream course due to diversion channels to construction intake structures and its impact on downstream users;
    10. \n\t
  10. Impact on Socio-economic aspects of the projects area;
    11. \n\t
  11. The noise and air quality-related impacts during the construction period on sensitive receptors shall be assessed;
    12. \n\t
  12. Impact on Trees, public utilities, and other community structures, cross overs, etc to be assessed;
    13. \n\t
  13. Any impacts that are irreversible and/or cannot be avoided or mitigated should be identified;
    14. \n\t
  14. Assessment of the impacts on climate change.
    15. \n\t
  15. Assessment of any other environment related impacts and risks including forward back ward linkages of the SWM value chain.\n\t
      \n\t\t
    1. \n\t\t
        \n\t\t\t
      1. \n\t\t\t
          \n\t\t\t\t
        1. \n\t\t\t\t
            \n\t\t\t\t\t
          1. \n\t\t\t\t\t
              \n\t\t\t\t\t\t
            1. Cumulative Impact Assessment
              2. \n\t\t\t\t\t
            \n\t\t\t\t\t
            2. \n\t\t\t\t
          \n\t\t\t\t
          2. \n\t\t\t
        \n\t\t\t
        2. \n\t\t
      \n\t\t
      2. \n\t
    \n\t
    16. \n
\n\n

As part of this task, it is also required undertake cumulative impacts assessment (CIA) as part of the EIA. Refer note at the end of this section of this ToR for steps involved in CIA process.

\n\n
    \n\t
  1. \n\t
      \n\t\t
    1. \n\t\t
        \n\t\t\t
      1. \n\t\t\t
          \n\t\t\t\t
        1. \n\t\t\t\t
            \n\t\t\t\t\t
          1. \n\t\t\t\t\t
              \n\t\t\t\t\t\t
            1. Environmental Site Assessment
              2. \n\t\t\t\t\t
            \n\t\t\t\t\t
            2. \n\t\t\t\t
          \n\t\t\t\t
          2. \n\t\t\t
        \n\t\t\t
        2. \n\t\t
      \n\t\t
      2. \n\t
    \n\t
    2. \n
\n\n

Phase 1

\n\n

 

\n\n

In case of historical contamination in the area, Phase 1 and Phase 2 ESA shall be conducted as follows: Identification of Probable Contaminated Site (PHASE I ESA)

\n\n

 

\n\n

The objective of this phase is to identify and assess any major environmental risks associated with the previous and current use of the site in line with National Guidelines and ASTM E1527-13 to the extent applicable in India.

\n\n

 

\n\n

This is achieved through:

\n\n

Interviews, pre-survey questionnaires: Conduct interviews with people knowledgeable about Site.

\n\n

 

\n\n

Data Collection to identify recognized environmental conditions in connection to the property and its surroundings , Records review of readily available public records and documents such as maps, plans, photographs, and environmental reports and studies. For brown field sites, obtain environmental related records and documents, such as: previous environmental site assessment report(s); any correspondence with State Pollution Control Boards (SPCB) or such relevant information.

\n\n

 

\n\n

Site inspection and observations to be completed by Environmental Professional

\n\n

 

\n\n

Prepare a Phase I ESA report fulfilling National requirements and ASTM E1527-13 requirements to the extent possible

\n\n

 

\n\n

Prepare a photographic log, site plan, and site location map to be included in the report.

\n\n

 

\n\n

Data verification and evaluation: Determine those aspects of the previous use or current operation of the site where there may be impending or potential liabilities associated with environmental issues, providing estimates of the associated costs where possible

\n\n

 

\n\n

Include recommendations for appropriate follow-up actions for consideration.

\n\n

 

\n\n

Recommend further studies where the extent of liability needs to be clarified

\n\n

 

\n\n

Preliminary Investigation stage (Phase 2 ESA)

\n\n

 

\n\n

The objectives of this phase is to develop sufficient information from which the environmental professional can reasonably render a professional opinion that with respect to recognized environmental conditions, recognized hazardous substances have not been disposed or released at the property and to develop sufficient information about the presence of a recognized environmental condition at a site to meet the business objectives of the user and to provide sufficient data to assist the user in making informed business decisions or both

\n\n

 

\n\n

This is achieved through:

\n\n\n\n\n\n

 

\n\n\n\n

 

\n\n\n\n

 

\n\n\n\n

 

\n\n
    \n\t
  1. Identification of Alternatives:
    2. \n
\n\n

An analysis of various project alternatives, including the ‘Project’ and ‘No Project’ scenario shall be brought out and impacts shall be analyzed for each scenario. Based on the above analysis the best alternative that causes minimum or no impact shall be recommended for implementation.

\n\n
    \n\t
  1. Development of an Environmental Management Plan / Determination of Mitigation measures:
    2. \n
\n\n

Using the outputs of the above tasks, the consultants shall develop an implementable Environmental Management Plan (EMP) for the project.

\n\n

The EMP should suggest ways/options for mitigating the negative impacts of the project, the preventive measures necessary. Where required, EMP shall include community consensus for the mitigation measures proposed. The EMP shall identify the means/agency responsible for the implementation of the same and recommend a suitable monitoring mechanism for the EMP. The EMP shall be in the form of contract covenants and shall provide detailed cost estimates converted into BOQ items wherever necessary and applicable for implementation of the same. The consultant shall input these appropriately in bid documents, with the support of Bid Process Management / DPR Consultant and the SPMU. In case of change / updation of the project feasibility or DPR, EIA shall be updated appropriately. The consultant shall also recommend an appropriate institutional mechanism as per the requirements of EMP. The consultant shall prepare a detailed EMP covering the measures to mitigate and/or minimize the negative impacts, including the implementation arrangement and a monitoring plan for the same with site-specific requirements. EMP shall cover the following details:

\n\n

 

\n\n

 

\n\n
    \n\t
  1. Management/Mitigatory / Enhancement measures:
    2. \n\t
  2. For each of the significant negative impacts, the consultant should recommend measures to eliminate or mitigate the impact. In case it is not possible to mitigate an impact, the cost of damage shall be estimated and adequate compensatory measures shall be recommended.
    3. \n\t
  3. Consultants shall recommend enhancement measures for incorporation in the design for attaining energy efficiency, reuse of treated water, control of water leakage, energy generation, etc.
    4. \n\t
  4. The mitigatory measures should necessarily contain conceptual designs wherever necessary. Project interventions including civil works shall be planned to take into account climate change effects. (For example; buildings will be built above maximum probable tide levels, and designed to withstand high wind, storm surge, and rising sea levels). The consultants should also specify neighbourhood committees to supervise the effective implementation of the proposed mitigatory measures.
    5. \n\t
  5. Environmental Monitoring Plan:
    6. \n
\n\n

Monitoring Plan: The Consultant should specify the types of monitoring needed for potential environmental impacts during construction and operation. As in the case of the mitigation plan, requirements should be specific as to what is to be monitored, how and by whom along with reporting formats and recommendations if any Cost estimates are necessary and where monitoring reports are to be prepared, the recipient responsible for review and any corrective action should be identified. The monitoring plan should be supplemented with a detailed schedule of implementation of EMP measures.

\n\n
    \n\t
  1. Budget Estimates:
    2. \n
\n\n

The EMP & Monitoring Plan budget estimates shall be prepared for each of the project components and shall be integrated with the overall project cost estimates and the relevant costs shall be included in the BOQ provisions. The cost (capital and recurring) of all the mitigation measures and the responsible parties for implementation should be identified and shall be translated into BOQ items. Wherever possible the measures should be drafted as contract clauses, which can be incorporated in construction/operational phase agreements. Source of funds for each mitigation measure shall be clearly mentioned in EMP – either in the civil works cost (clearly defined in BoQ) or as separate EMP costs.

\n\n
    \n\t
  1. Institutional Arrangement to Manage Environment Impacts:
    2. \n
\n\n

The consultants shall identify institutional/organizational needs to implement the recommendations of the project EA and to propose steps to strengthen or expand if required. This may extend to new agency functions, inter-sectoral arrangements, management procedures and training, staffing, operation and maintenance, training, and budgeting.

\n\n
    \n\t
  1. Additionally,
    2. \n\t
  2. The Consultant shall communicate with the concerned authorities of local/defense/civil aviation and obtain NOC if the project site is within 20 km of airport or any flight funnel restrictions.
    3. \n\t
  3. The Consultant shall get details of litigation pending against the project site/project, if any, with direction /order passed by any Court of Law including NGT orders and current status of the court proceedings including documents/reports submitted by the respondent. These reports must be considered while conducting EIA for the respective projects.
    4. \n\t
  4. The Consultants shall develop a comprehensive EMP for the project, EMP shall propose a set of mitigation, monitoring and institutional measures to eliminate, minimize or reduce to acceptable levels of adverse environmental and social impacts and/or maximize the project benefits.
    5. \n\t
  5. The Consultants shall assess the institutional resources required to implement the EMP recommendations and propose measures to resolve identified gaps in terms of staffing/ training requirements/capacity building for proper EMP implementation.
    6. \n\t
  6. The costs associated with proposed mitigation measures and monitoring actions shall also include the cost for developing institutional mechanism (a defined organizational chart) depicting roles and responsibilities of key staff for the EMP implementation.
    7. \n\t
  7. Consultant shall revise the ToR by incorporating any concerns/recommendations of Expert Appraisal Committee or State level Expert Appraisal Committee as commented in Form 1/ Form 1A. Consultant shall also address these concerns/recommendations based on the revised ToR and prepare final EIA Reports.
    8. \n
\n\n

 

\n\n

In case cumulative Impacts are important, as identified through screening & confirmed by the Bank, CIA may need to be performed as described in the end of this as Note.

\n\n

Assessment of Cumulative Impacts (CIA)

\n\n
    \n\t
  1. The ToR for the CIA should specify 5 steps as follows:
    2. \n
\n\n

 

\n\n
    \n\t
  1. Step 1: Describe the proposed project, it's setting, and other projects and activities that may give rise to cumulative effects. The consultant will use EIA and other available documents. This cumulative impact assessment will need to sequence planned developments of the project in and ancillary and regional infrastructure development in the time horizon of the project. The consultants will need to propose geographic and temporal boundaries for the CIA based on the screening of potential impacts on key environmental components. The geographic context should include administrative boundaries or watersheds.
    2. \n\t
  2. Step 2: Identify key project-related contributions to cumulative effects on selected resources of concern, such as groundwater, biodiversity, and the livelihood of local communities.
    3. \n\t
  3. Step 3: Assess the level of cumulative effects.
    4. \n\t
  4. Step 4: Determine the significance of cumulative effects.
    5. \n\t
  5. Step 5: Provide recommendations: Analyze reasonable, feasible options for mitigating or avoiding contribution to any significant cumulative effects, following the national legal system related to the cumulative impact assessment (or the lack thereof).
    6. \n
\n\n

 

\n\n

TASKS:

\n\n

 

\n\n

Step 1: Describe the development and its setting.

\n\n

 

\n\n
    \n\t
  1. Project Description. The first step in the CIA is to describe the project and its phases, including key components that may give rise to cumulative effects. This will include the following:
    2. \n\t
  2. Phases and timing of the project;
    3. \n\t
  3. Description of the scheme and project area of influence;
    4. \n\t
  4. Description of offsite facilities including transportation, access roads;
    5. \n\t
  5. Identify environmentally sensitive areas, including protected areas, key stakeholders and affected people.
    6. \n
\n\n

 

\n\n
    \n\t
  1. Past, present, and probable future projects. Once project issues have been identified, analyze past, present, and probable future projects and activities within a defined temporal and spatial framework. The evaluation of other projects and activities should consider the following:
    2. \n\t
  2. Include those projects of known footprint that can be assessed;
    3. \n\t
  3. Consider a time frame that extends backward to a pre-development scenario and forwards as realistically as possible;
    4. \n\t
  4. Include projects that are approved, awaiting approval, announced or under design;
    5. \n\t
  5. Include those projects whose environmental and social impacts and contribution to cumulative effects can be reasonably predicted, particularly projects with direct impacts on water resources, land and biodiversity; and,
    6. \n\t
  6. Discuss pending projects with regulators and incorporate the concerns of affected stakeholders.
    7. \n\t
  7. Prepare a map or schematic of all existing and planned projects with the basic information on location, resource intake, discharges, ancillary infrastructure, operation, etc..
    8. \n\t
  8. Define geographic and temporal boundaries for the CIA based on the screening of potential impacts on key environmental components. The geographic context could include administrative boundaries or watersheds. It is noted that there might be different contexts for each Valued Ecosystem Component (VEC - see below). The definition will also need to include the scale of maps and other tools to present data that will be collected during the study.
    9. \n
\n\n

 

\n\n
    \n\t
  1. Define VECs. If the EIA already exists it should have already identified some key issues of concern associated with the construction, operation, and decommissioning of the project. Typical impacts on VECs to include in common municipal solid waste management  projects shall cover the following:
    2. \n\t
  2. Impacts on water resources (water use, quality, quantity);
    3. \n\t
  3. Impacts on biodiversity and wildlife;
    4. \n\t
  4. Impacts on land use;
    5. \n\t
  5. Loss of archaeological and cultural resources;
    6. \n\t
  6. Impacts of wastes on the environment;
    7. \n\t
  7. Impacts on air quality;
    8. \n\t
  8. Impacts on the livelihood of local communities;
    9. \n\t
  9. Visual Impacts.
    10. \n
\n\n

 

\n\n
    \n\t
  1. The VECs should be defined based on the assessment of impacts on the above aspects and consultations with stakeholders. VECs could be (but are not limited to): water resources, land erosion, wildlife, cultural resources, air quality, etc. Each VEC will need to have indicators, thresholds, historical trends on the status of the VEC in the time-frame proposed.
    2. \n
\n\n

 

\n\n

Step 2: Identify key project-related contributions to cumulative effects on selected resources of concern

\n\n

 

\n\n
    \n\t
  1. The CIA should identify key impacts of project activities throughout all phases (construction, operation, and decommissioning) in conjunction with other projects and activities. The following questions should be answered:
    2. \n\t
  2. Are other projects and activities in the defined project area affecting the VECs?
    3. \n\t
  3. Do the effects of the project overlap or increase the effects on the resource?
    4. \n\t
  4. Do the effects of the project have a potential to affect the long-term sustainability of the resource?
    5. \n
\n\n

Step 3: Assess the level of cumulative impacts

\n\n

 

\n\n
    \n\t
  1. The next step in the CIA process is to assess the level of cumulative impacts. This uses a similar methodology to that employed in the EIA, but the difference is that it assesses the impacts of other projects and activities, in addition to the project in a defined spatial and temporal framework. For each resource/issue in question, the cumulative effects should consider typical components of an EIA assessment – extent, frequency, duration, magnitude, uncertainty, and probability. Techniques will need to rely on qualitative data and already available quantitative data; no significant fieldwork for quantitative data collection is envisaged.
    2. \n
\n\n

Step 4: Determine the significance of cumulative impacts

\n\n

 

\n\n
    \n\t
  1. Once the cumulative impacts are determined, their significance must be considered relative to an established threshold limit, an established legal guideline or policy, or a qualitative assessment based on professional opinion and consultation. In any case, the significance of the cumulative impacts must be defensible. The significance of the cumulative impacts and the contribution of the project must be subsequently evaluated by project decision-makers. The consultant will need to define the level of “significance” or scale and apply it consistently. The significance should be assessed across past, present, and future projects on the trends of each VEC. The significance of the project interventions’ contribution to the cumulative impacts should be defined in one of the following ways:
    2. \n\t
  2. The project has a measurable effect on the resource;
    3. \n\t
  3. The project acts in conjunction with the effects of past present or future projects and activities; and
    4. \n\t
  4. The project in conjunction with other projects and activities shifts the resource to an unacceptable level or exceeds a threshold such that the impact is considered significant, in that: - The project’s contribution to cumulative effects is responsible for exceeding the threshold and therefore is significant or,
    5. \n\t
  5. The project is contributing to the effects of other projects and activities and the project contribution may or may not be significant, depending on the level of the contribution.
    6. \n
\n\n

 

\n\n

Step 5: Formulate recommendations

\n\n

 

\n\n
    \n\t
  1. The CIA should conclude whether the contribution, if any, to the cumulative impacts by the project is significant or not. An action plan (with time, institutional responsibilities, budget) should be developed based on this conclusion, and clearly define what mitigation measures need to be incorporated into the project Environmental Management Plan, and what mitigation/environmental management measures should be carried out above the project level. The management plan will be in three parts: (i) management plan for additional measures needed to be included in the project that has not been included in the EIA; (ii) recommended measures for the future projects in the area; and (iii) measures addressing needs for institutional and legal frameworks and acquisition of knowledge. The recommendations will need to also include proposed adaptive management approaches for impacts that still will have a high level of uncertainty or lack sufficient information for an adequate assessment.
    2. \n\t
  2.  Mitigation/environmental management measures that are needed but beyond the scope of the project, will be presented to relevant (government) agencies/entities in the form of a workshop and finalized based on the views by the agencies. Their endorsement/acknowledgment on the recommendations from the CIA should be sought.
    3. \n
\n\n

 

\n\n

Section B:Sub-project level Social Impact Assessment and SMP, RAP and TDP

\n\n\n\n

(iv) Labour Management Plan will include on code of conduct, mechanism for compliance measures for labor laws, mitigation of specific labor related risks, site specific labor influx mitigation measures and construction management plan, and systems for grievance redressal (vi) monitoring and reporting templates (v) implementation schedule and budget.

\n\n

Resettlement Action Plan[15]:Based on the risk assessment and analysis of the baseline data, finalize the list of adversely affected people; include details of loss of assets and livelihood of non-titleholders and titleholders; finalize the entitlement for each affected person; prepare the micro-plans for resettlement and rehabilitation; identify alternate land for relocation (if required);develop the livelihood restoration plans; provide details of the institutional arrangement for implementation; provide timeline for implementation, include mechanism for grievance management; include budget; include specific monitoring indicators; develop templates for monthly and quarterly progress reports. (If, the impacts on tribals are insignificant and then specific actions for the tribals will need to be integrated in the Resettlement Action Plan)

\n\n\n\n

 

\n\n

 

\n\n

 

\n\n

ANNEXURE II:

\n\n

Cluster planning and sub-project site information

\n\n

 

\n\n

A cluster approach will be adopted for the planning, design and development of regional facilities. Sanitary landfill is the most critical regional facility required for the final disposal of non-bio degradable, nonhazardous, non-recyclable and non-reusable inerts/rejects. SLF are the last node in the entire SWM value chain and hence critical for the success of the SWM cycle.

\n\n

 

\n\n

Waste-Shed Areas (WSA) are identified based on per capita waste generation from 93 ULBs with a projection for 25 years. A regional sanitary landfill is established at 60-80 km from the transfer stations. Transfer vehicles do not travel more than 60 to 80 km from the transfer station. The collection vehicles do not travel more than 20 km from their collection area to the tipping point.

\n\n

 

\n\n

Thus 93 ULBs were grouped into five major Waste Shed Areas/Clusters. There shall be a sanitary landfill facility and multiple transfer stations under each cluster. Considering all these factors, the state has been divided into 5 clusters. Cluster details are presented in the Table 1 and Figure 1 given below

\n\n

Table 1           Cluster Planning for Regional Sanitary Landfill FacilityCluster

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
 \n\t\t\t

No. of ULBs

\n\t\t\t		\n\t\t\t

ULBs

\n\t\t\t
\n\t\t\t

1

\n\t\t\t		\n\t\t\t

14

\n\t\t\t		\n\t\t\t

Anthoor, Iritty, Kanhangad, Kannur, Kasaragod, Koothuparambu, Mananthavadi, Mattannur, Neeleswaram, Panoor, Payyannur, Sreekandapuram, Thalassery, Thaliparambu

\n\t\t\t
\n\t\t\t

2

\n\t\t\t		\n\t\t\t

19

\n\t\t\t		\n\t\t\t

Feroke, Kalpetta, Koduvally, Koilandi, Kondotty, Kottakkal, Kozhikkode, Malappuram, Manjeri, Mukkam, Nilambur, Parappanangadi, Payyoli, Ramanattukara, Sulthanbathery, Tanur, Thirur, Thirurangadi, Vadakara

\n\t\t\t
\n\t\t\t

3

\n\t\t\t		\n\t\t\t

17

\n\t\t\t		\n\t\t\t

Chalakudy, Chavakkad, Cherupulassery, Chittoor-Thathamangalam, Guruvayoor Township, Iringalakuda, Kunnnamkulam, Mannarkkad, Ottappalam, Palakkad, Pattambi, Perinthalmanna, Ponnani, Shornur, Thrissur, Vadakkancherry, Valancherry

\n\t\t\t
\n\t\t\t

4

\n\t\t\t		\n\t\t\t

24

\n\t\t\t		\n\t\t\t

Alappuzha, Aluva, Angamali , Cherthala, Eloor , Erattupetta, Ettumanoor, Kalamassery, Kattappana, Kochi, Kodungalloor, Koothattukulam, Kothamangalam, Kottayam, Maradu, Muvattupuzha, Pala, Paravoor, Perumbavoor, Piravam, Thodupuzha, Thrikkakara, Thrippunithura, Vaikom

\n\t\t\t
\n\t\t\t

5

\n\t\t\t		\n\t\t\t

19

\n\t\t\t		\n\t\t\t

Adoor, Attingal, Changanassery, Chengannur, Harippad, Karunagapally, Kayamkulam, Kollam, Kottarakkara, Mavelikkara, Nedumangad, Neyyattinkara, Pandalam, Paravur, Pathanamthitta, Punalur, Thiruvalla, Thiruvananthapuram, Varkala

\n\t\t\t
\n\n

Figure 1             Cluster Planning Map for Regional Sanitary Landfill facility

\n\n

 

\n\n

The present study concerns clusters 1 and 4 as shown below.

\n\n

 

\n\n
    \n\t
  1. Cluster 1 includes 1 SLF site and 4 TS sites
    2. \n
\n\n

 

\n\n

The site identified in cluster 1 is at Cheemeni village, Hosdurg Taluk, Kasaragod district. The site is under the ownership of Plantation Corporation of Kerala and is allocated to KSEB for setting up the proposed solar park. The topography of the site is mostly flat terrain with very less vegetative cover. The tentative area for developing the SLF is about 25 acres. The basic details of land is as given in the Table 2 below

\n\n

 

\n\n

Table 2           Basic details of cluster 1 SLF site

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Village

\n\t\t\t		\n\t\t\t

Cheemeni

\n\t\t\t
\n\t\t\t

Taluk

\n\t\t\t		\n\t\t\t

Hosdurg

\n\t\t\t
\n\t\t\t

District

\n\t\t\t		\n\t\t\t

Kasaragod

\n\t\t\t
\n\t\t\t

Survey Numbers

\n\t\t\t		\n\t\t\t

260/1A1A1, 260/1A1Apt

\n\t\t\t
\n\t\t\t

GPS Coordinates

\n\t\t\t		\n\t\t\t

12°14'46.83"N, 75°16'42.51"E

\n\t\t\t
\n\t\t\t

Land Ownership

\n\t\t\t		\n\t\t\t

PCK/KSEBL

\n\t\t\t
\n\t\t\t

Total waste(rejects) generated for 25 years

\n\t\t\t		\n\t\t\t

595783 MT

\n\t\t\t
\n\t\t\t

Total land required for SLF

\n\t\t\t		\n\t\t\t

25 Acres

\n\t\t\t
\n\t\t\t

Tentative Transfer Station locations

\n\t\t\t		\n\t\t\t

Kasargod, Anthoor, Koothuparamba, Mananthavadi

\n\t\t\t
\n\t\t\t

GPS coordinate for Kasargod Transfer Station

\n\t\t\t		\n\t\t\t

Not Avaliable

\n\t\t\t
\n\t\t\t

GPS coordinate for Anthoor Transfer Station

\n\t\t\t		\n\t\t\t

11°59'56.67"N, 75°23'13.03"E

\n\t\t\t
\n\t\t\t

GPS coordinate for Koothuparamba Transfer Station

\n\t\t\t		\n\t\t\t

11°50'10.73"N, 75°34'20.98"E

\n\t\t\t
\n\t\t\t

GPS coordinate for Mananthavadi Transfer Station

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n

The planning map for cluster 1 is presented in Figure 2

\n\n

 

\n\n

Figure 2          Planning Map for Cluster 1

\n\n

 

\n\n
    \n\t
  1. Cluster 4 includes 1 SLF site and 8 TS sites
    2. \n
\n\n

 

\n\n

The proposed site for SLF is at Ambalamedu, Vadavucode, Puthencruz village, Kunnathunadu Taluk, Ernakulam district. The site is under the owner ship of KINFRA and the extend of land is 25 acres. The present land use plan of the site is for industrial purpose and shares the boundary with the hazardous landfill facility managed by KEIL. The basic details of land is as given in the Table 3 below

\n\n

Table 3           Basic details of Cluster 8? SLF site

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Village

\n\t\t\t		\n\t\t\t

Vadavucode, Puthencruz

\n\t\t\t
\n\t\t\t

Taluk

\n\t\t\t		\n\t\t\t

Kunnathunadu

\n\t\t\t
\n\t\t\t

District

\n\t\t\t		\n\t\t\t

Ernakulam

\n\t\t\t
\n\t\t\t

GPS Coordinates

\n\t\t\t		\n\t\t\t

9°59'12.32"N, 76°21'46.76"E

\n\t\t\t
\n\t\t\t

Ownership

\n\t\t\t		\n\t\t\t

KINFRA

\n\t\t\t
\n\t\t\t

Total waste (rejects) generated for 25 years

\n\t\t\t		\n\t\t\t

1189704 MT

\n\t\t\t
\n\t\t\t

Total land required for SLF

\n\t\t\t		\n\t\t\t

25 Acres

\n\t\t\t
\n\t\t\t

Tentative Transfer Station locations

\n\t\t\t		\n\t\t\t

Paravoor, Muvattupuzha, Thodupuzha, Ramapuram, Kattappana, Vaikom, Kottayam, Alappuzha

\n\t\t\t
\n\t\t\t

GPS coordinate for Paravoor Transfer Station

\n\t\t\t		\n\t\t\t

10°10'55.82"N, 76°14'16.92"E

\n\t\t\t
\n\t\t\t

GPS coordinate for Muvattupuzha Transfer Station

\n\t\t\t		\n\t\t\t

9°59'37.03"N, 76°33'40.47"E

\n\t\t\t
\n\t\t\t

GPS coordinate for Thodupuzha Transfer Station

\n\t\t\t		\n\t\t\t

9°52'57.30"N, 76°41'17.88"E

\n\t\t\t
\n\t\t\t

GPS coordinate for Ramapuram Transfer Station

\n\t\t\t		\n\t\t\t

Not Available

\n\t\t\t
\n\t\t\t

GPS coordinate for Kattappana Transfer Station

\n\t\t\t		\n\t\t\t

9°45'31.48"N, 77°08'47.78"E

\n\t\t\t
\n\t\t\t

GPS coordinate for Vaikom Transfer Station

\n\t\t\t		\n\t\t\t

9°44'31.24"N, 76°24'42.30"E

\n\t\t\t
\n\t\t\t

GPS coordinate for Kottayam Transfer Station

\n\t\t\t		\n\t\t\t

9°35'32.32"N, 76°33'34.48"E

\n\t\t\t
\n\t\t\t

GPS coordinate for Alappuzha Transfer Station

\n\t\t\t		\n\t\t\t

9°33'12.93"N, 76°19'2.90"E

\n\t\t\t
\n\n

 

\n\n

The planning map for cluster 4 is presented in Figure 3

\n\n

 

\n\n

 

\n\n

Figure 3          Planning Map for Cluster4

\n\n

 

\n\n

ANNEXURE III:  Planning, Implementation and Monitoring for Free Prior Informed Consultation (FPIC) with Scheduled Tribe for Cheemeni Regional Landfill Site and other sites as applicable

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Stage

\n\t\t\t		\n\t\t\t

Tasks

\n\t\t\t		\n\t\t\t

Nodal Agency

\n\t\t\t		\n\t\t\t

Involvement / Support

\n\t\t\t		\n\t\t\t

Time Frame

\n\t\t\t		\n\t\t\t

Target Group

\n\t\t\t		\n\t\t\t

Monitoring By

\n\t\t\t		\n\t\t\t

Remarks

\n\t\t\t
\n\t\t\t

Stage I

\n\n\t\t\t

 

\n\n\t\t\t

Pre-Feasibility and Feasibility study

\n\t\t\t		\n\t\t\t

 INFORMATION DISSEMINATION ANDSENSITISATION OF COMMUNITY- PRE-FINALISATION

\n\n\t\t\t
    \n\t\t\t\t
  1. Collection of information about tribal communities including their    customary laws
    2. \n\t\t\t\t
  2. Identification of state tribal laws
    3. \n\t\t\t\t
  3. Information dissemination/sensitization of tribal community on the road through:
    4. \n\t\t\t\t
  4. Folk media
    5. \n\t\t\t\t
  5. Group discussion along with tribal opinion leader
    6. \n\t\t\t\t
  6. Meetings at ULB representatives
    7. \n\t\t\t\t
  7. Public Announcements
    8. \n\t\t\t\t
  8. Consultation/Meetings
    9. \n\t\t\t\t
  9. Distribution of leaflets with information including on the GRM in local language
    10. \n\t\t\t\t
  10. Discuss site options
    11. \n\t\t\t\t
  11. Prior intimation regarding date / time of transect walk
    12. \n\t\t\t\t
  12. Provide information on GRM
    13. \n\t\t\t
\n\t\t\t		\n\t\t\t

DPMU / DPMC

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. Municipality
    2. \n\t\t\t\t
  2. Tribals dependent on the land adjacent to Cheemeni
    3. \n\t\t\t\t
  3. In case the above land falls outside the boundary of the Municipality, then include the respective PRI as stakeholder
    4. \n\t\t\t
\n\t\t\t		\n\t\t\t

Pre-Screening

\n\t\t\t		\n\t\t\t

Scheduled Tribe and their representative

\n\t\t\t		\n\t\t\t

SPMU

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. Obtain feedback especially from women.
    2. \n\t\t\t
\n\n\t\t\t

 

\n\n\t\t\t
    \n\t\t\t\t
  1. Document the process with details of meeting including dates, timings and participants
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

FINALISING THE SITE/TRANSECT WALK

\n\n\t\t\t
    \n\t\t\t\t
  1. Involve tribal people in the transect walk Conduct the transect walk
    2. \n\t\t\t\t
  2. Identify any customary rights. 
    3. \n\t\t\t\t
  3. Avoid indirect impact on land of sacred tribal places and abodes of spirits and dead ancestors and kinsmen.
    4. \n\t\t\t\t
  4. Display Information of the proposed site superimposed on revenue map including information on GRM
    5. \n\t\t\t\t
  5. Information about final site in Settlements of the tribal community/ ward sabhas/Municipalities in local language
    6. \n\t\t\t
\n\t\t\t		\n\t\t\t

DPMU / DPMC

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. Municipality/
    2. \n\t\t\t\t
  2. Scheduled Tribe and representatives
    3. \n\t\t\t
\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Screening as per TDF-SMF completed for the Feasibility Study

\n\t\t\t		\n\t\t\t

Community

\n\t\t\t		\n\t\t\t

SPMU

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Provide information in language on the exact location of the site, amount of land required, etc. and provide information on the issues raised during the previous consultation at pre-screening stage. and obtain feedback on the final site selection

\n\t\t\t
\n\t\t\t

Stage II

\n\n\t\t\t

Project Planning and Design

\n\n\t\t\t

Including Preparation of safeguard instruments

\n\t\t\t		\n\t\t\t

PREPARATION OF MITIGATION PLAN

\n\n\t\t\t
    \n\t\t\t\t
  1. Hold meetings with communities for inputs on mitigation measures 
    2. \n\t\t\t\t
  2. Consultation meetings for awareness generation regarding the project/likely impacts during construction and operational stage.
    3. \n\t\t\t\t
  3. Disseminate the information on the mitigation plan in focus group discussion
    4. \n\t\t\t\t
  4. Provide information on GRM.
    5. \n\t\t\t\t
  5. Prior intimation regarding date / time of transect walk
    6. \n\t\t\t
\n\t\t\t		\n\t\t\t

SPMC / DPMC

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

Municipalities/

\n\n\t\t\t

Scheduled Tribe and their representatives/

\n\n\t\t\t

PRIs

\n\t\t\t		\n\t\t\t

Draft Design stage

\n\t\t\t		\n\t\t\t

Community.

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

DPMU/SPMU 

\n\t\t\t		\n\t\t\t

Provide information on the design in local language using simple models and obtain feedback on the draft design. And provide information on the issues raised during the previous consultation.

\n\n\t\t\t

Document the consultation proceedings.

\n\t\t\t
\n\t\t\t

Stage III

\n\n\t\t\t

Construction and Post Construction

\n\t\t\t		\n\t\t\t

MONITORING

\n\n\t\t\t

Monitor actions related to the above tasks including the mitigation measures

\n\t\t\t		\n\t\t\t

SPMC

\n\t\t\t		\n\t\t\t

Municipalities/

\n\n\t\t\t

Scheduled Tribe and their representatives/

\n\n\t\t\t

PRIs

\n\t\t\t		\n\t\t\t

Throughout the Project Cycle at regular interval

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

-

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

SPMU

\n\t\t\t		\n\t\t\t

Initially weekly and  then monthly.

\n\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 COMMUNITY FEEDBACK

\n\n\t\t\t

Survey among the Scheduled Tribe for Feed Back on process adopted and quality of construction

\n\t\t\t		\n\t\t\t

Third party

\n\t\t\t		\n\t\t\t

Municipalities/

\n\n\t\t\t

Scheduled Tribe and their representatives/

\n\n\t\t\t

PRIs

\n\t\t\t		\n\t\t\t

Every six months using social audit tools

\n\t\t\t		\n\t\t\t

-

\n\t\t\t		\n\t\t\t

SPMU

\n\t\t\t		\n\t\t\t

Disseminate information in local language on the findings from the audit

\n\t\t\t
\n\n

 

\n\n

Lump-Sum Form of Contract

\n\n

 

\n\n

 

\n\n

STANDARD FORM OF CONTRACT

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

Consultant’s Services

\n\n

Lump-Sum

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

TABLE OF CONTENTS

\n\n

 

\n\n

Form of Contract                                                                                                              112

\n\n

General Conditions of Contract                                                                                       115

\n\n

1.        A.  General Provisions                                                                                       115

\n\n

1.    Definitions                                                                                                                  115

\n\n

2.    Relationship between the Parties                                                                                116

\n\n

3.    Law Governing Contract                                                                                            117

\n\n

4.    Language                                                                                                                    117

\n\n

5.    Headings                                                                                                                     117

\n\n

6.    Communications                                                                                                         117

\n\n

7.    Location                                                                                                                      117

\n\n

8.    Authority of Member in Charge                                                                                 117

\n\n

9.    Authorized Representatives                                                                                        117

\n\n

10. Fraud and Corruption                                                                                                 117

\n\n

B.  Commencement, Completion, Modification and Termination of Contract                118

\n\n

11. Effectiveness of Contract                                                                                           118

\n\n

12. Termination of Contract for Failure to Become Effective                                         118

\n\n

13. Commencement of Services                                                                                       118

\n\n

14. Expiration of Contract                                                                                                118

\n\n

15. Entire Agreement                                                                                                        118

\n\n

16. Modifications or Variations                                                                                        119

\n\n

17. Force Majeure                                                                                                             120

\n\n

18. Suspension                                                                                                                  120

\n\n

19. Termination                                                                                                                 120

\n\n

C.  Obligations of the Consultant                                                                                     123

\n\n

20. General                                                                                                                        123

\n\n

21. Conflict of Interest                                                                                                     124

\n\n

22. Confidentiality                                                                                                            125

\n\n

23. Liability of the Consultant                                                                                          125

\n\n

24. Insurance to be taken out by the Consultant                                                              125

\n\n

25. Accounting, Inspection and Auditing                                                                        125

\n\n

26. Reporting Obligations                                                                                                 126

\n\n

27. Proprietary Rights of the Client in Reports and Records                                           126

\n\n

28. Equipment, Vehicles and Materials                                                                            126

\n\n

29. Code of Conduct                                                                                                        127

\n\n

30. Forced Labor                                                                                                              127

\n\n

31. Child Labor                                                                                                                 127

\n\n

32. Non-Discrimination and Equal Opportunity                                                              128

\n\n

33. Training of Experts                                                                                                     128

\n\n

D.  Consultant’s Experts and Sub-Consultants                                                                128

\n\n

34. Description of Key Experts                                                                                        128

\n\n

35. Replacement of Key Experts                                                                                      129

\n\n

36. Removal of Experts or Sub-consultants                                                                     129

\n\n

E.  Obligations of the Client                                                                                             130

\n\n

37. Assistance and Exemptions                                                                                        130

\n\n

38. Access to Project Site                                                                                                 130

\n\n

39. Change in the Applicable Law Related to Taxes and Duties                                     131

\n\n

40. Services, Facilities and Property of the Client                                                            131

\n\n

41. Counterpart Personnel                                                                                                131

\n\n

42. Payment Obligation                                                                                                    131

\n\n

F     Payments to the Consultant                                                                                        132

\n\n

43. Contract Price                                                                                                             132

\n\n

44. Taxes and Duties                                                                                                        132

\n\n

45. Currency of Payment                                                                                                  132

\n\n

46. Mode of Billing and Payment                                                                                    132

\n\n

47. Interest on Delayed Payments                                                                                    133

\n\n

G.  Fairness and Good Faith                                                                                             133

\n\n

48. Good Faith                                                                                                                  133

\n\n

H.  Settlement of Disputes                                                                                               133

\n\n

49. Amicable Settlement                                                                                                   133

\n\n

50. Dispute Resolution                                                                                                     134

\n\n

Special Conditions of Contract                                                                                        137

\n\n

Appendices                                                                                                                       147

\n\n

 

\n\n

 

\n\n

Contract for Consultant’s Services

\n\n

 

\n\n

Lump-Sum

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

Project Name ___________________________

\n\n

 

\n\n

[Loan/Credit/Grant] No.____________________

\n\n

 

\n\n

Contract No. ____________________________

\n\n

 

\n\n

Assignment Title: _____________________________

\n\n

 

\n\n

between

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

                                                                       

\n\n

[Name of the Client]

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

and

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

 

\n\n

                                                                       

\n\n

[Name of the Consultant]

\n\n

 

\n\n

 

\n\n

 

\n\n

Dated:                                                

\n\n

 

\n\n

 

\n\n

Form of Contract

\n\n

Lump-Sum

\n\n

 

\n\n

(Text in brackets [ ] is optional; all notes should be deleted in the final text)

\n\n

 

\n\n

 

\n\n

This CONTRACT (hereinafter called the “Contract”) is made the [number] day of the month of [month], [year], between, on the one hand, [name of Client or Recipient] (hereinafter called the “Client”) and, on the other hand, [name of Consultant] (hereinafter called the “Consultant”).

\n\n

 

\n\n

[If the Consultant consist of more than one entity, the above should be partially amended to read as follows: “…(hereinafter called the “Client”) and, on the other hand, a Joint Venture (name of the JV) consisting of the following entities, each member of which will be jointly and severally liable to the Client for all the Consultant’s obligations under this Contract, namely, [name of member] and [name of member] (hereinafter called the “Consultant”).]

\n\n

 

\n\n

WHEREAS

\n\n

 

\n\n

(a)     the Client has requested the Consultant to provide certain consulting services as defined in this Contract (hereinafter called the “Services”);

\n\n

 

\n\n

(b)     the Consultant, having represented to the Client that it has the required professional skills, expertise and technical resources, has agreed to provide the Services on the terms and conditions set forth in this Contract;

\n\n

 

\n\n

(c)     the Client has received [or has applied for] a loan [or credit or grant] from the [insert as relevant, International Bank for Reconstruction and Development (IBRD) or International Development Association (IDA)]: toward the cost of the Services and intends to apply a portion of the proceeds of this [loan/credit/grant] to eligible payments under this Contract, it being understood that (i) payments by the Bank will be made only at the request of the Client and upon approval by the Bank; (ii) such payments will be subject, in all respects, to the terms and conditions of the [loan/financing/grant] agreement, including prohibitions of withdrawal from the [loan/credit/grant] account for the purpose of any payment to persons or entities, or for any import of goods, if such payment or import, to the knowledge of the Bank, is prohibited by the decision of the United Nations Security council taken under Chapter VII of the Charter of the United Nations; and (iii) no party other than the Client shall derive any rights from the [loan/financing/grant] agreement or have any claim to the [loan/credit/grant] proceeds;

\n\n

 

\n\n

NOW THEREFORE the parties hereto hereby agree as follows:

\n\n

 

\n\n

1.         The following documents attached hereto shall be deemed to form an integral part of this Contract:

\n\n

 

\n\n

(a)     The General Conditions of Contract (including Attachment 1 “Fraud and Corruption”);

\n\n

(b)     The Special Conditions of Contract;

\n\n

(c)     Appendices: 

\n\n

 

\n\n

Appendix A:   Terms of Reference                                                  

\n\n

Appendix B:   Key Experts                                                              

\n\n

Appendix C:   Breakdown of Contract Price                                  

\n\n

Appendix D:   Form of Advance Payments Guarantee

\n\n

 

\n\n

In the event of any inconsistency between the documents, the following order of precedence shall prevail: the Special Conditions of Contract; the General Conditions of Contract, including Attachment 1; Appendix A; Appendix B; Appendix C; Appendix D, and Appendix E. Any reference to this Contract shall include, where the context permits, a reference to its Appendices.

\n\n

 

\n\n

2.         The mutual rights and obligations of the Client and the Consultant shall be as set forth in the Contract, in particular:

\n\n

 

\n\n

(a)        the Consultant shall carry out the Services in accordance with the provisions of the Contract; and

\n\n

(b)        the Client shall make payments to the Consultant in accordance with the provisions of the Contract.

\n\n

 

\n\n

 

\n\n

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their respective names as of the day and year first above written.

\n\n

 

\n\n

For and on behalf of [Name of Client]

\n\n

 

\n\n

                                                                                               

\n\n

[Authorized Representative of the Client – name, title and signature]

\n\n

 

\n\n

For and on behalf of [Name of Consultant or Name of a Joint Venture]

\n\n

 

\n\n

                                                                                               

\n\n

[Authorized Representative of the Consultant – name and signature]

\n\n

 

\n\n

[For a joint venture, either all members shall sign or only the lead member, in which case the power of attorney to sign on behalf of all members shall be attached.

\n\n

 

\n\n

For and on behalf of each of the members of the Consultant [insert the Name of the Joint Venture]

\n\n

 

\n\n

[Name of the lead member]

\n\n

 

\n\n

                                                                                               

\n\n

[Authorized Representative on behalf of a Joint Venture]

\n\n

 

\n\n

[add signature blocks for each member if all are signing]

\n\n

 

\n\n

General Conditions of Contract

\n\n

A.  General Provisions

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t
    \n\t\t\t\t
  1. Definitions
    2. \n\t\t\t
\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Unless the context otherwise requires, the following terms whenever used in this Contract have the following meanings:
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t\t
  2. “Applicable Law” means the laws and any other instruments having the force of law in the Client’s country, or in such other country as may be specified in the Special Conditions of Contract (SCC), as they may be issued and in force from time to time.
    3. \n\t\t\t\t
  3. “Bank” means the International Bank for Reconstruction and Development (IBRD) or the International Development Association (IDA).
    4. \n\t\t\t\t
  4. “Borrower” means the Government, Government agency or other entity that signs the financing agreement with the Bank.
    5. \n\t\t\t\t
  5. “Client” means the implementing agency that signs the Contract for the Services with the Selected Consultant.
    6. \n\t\t\t\t
  6. “Client’s Personnel” refers to the staff, labor and other employees (if any) of the Client engaged in fulfilling the Client’s obligations under the Contract; and any other personnel identified as Client’s Personnel, by a notice from the Client to the Consultant.
    7. \n\t\t\t\t
  7.  “Consultant” means a legally-established professional consulting firm or entity selected by the Client to provide the Services under the signed Contract.
    8. \n\t\t\t\t
  8. “Contract” means the legally binding written agreement signed between the Client and the Consultant and which includes all the attached documents listed in its paragraph 1 of the Form of Contract (the General Conditions (GCC), the Special Conditions (SCC), and the Appendices).
    9. \n\t\t\t\t
  9. “Day” means a working day unless indicated otherwise.
    10. \n\t\t\t\t
  10. “Effective Date” means the date on which this Contract comes into force and effect pursuant to Clause GCC 11.
    11. \n\t\t\t\t
  11.  “Experts” means, collectively, Key Experts, Non-Key Experts, or any other personnel of the Consultant, Sub-consultant or JV member(s) assigned by the Consultant to perform the Services or any part thereof under the Contract.
    12. \n\t\t\t\t
  12. “Foreign Currency” means any currency other than the currency of the Client’s country.
    13. \n\t\t\t\t
  13. “GCC” means these General Conditions of Contract.
    14. \n\t\t\t\t
  14. “Government” means the government of the Client’s country.
    15. \n\t\t\t\t
  15. “Joint Venture (JV)” means an association with or without a legal personality distinct from that of its members, of more than one entity where one member has the authority to conduct all businesses for and on behalf of any and all the members of the JV, and where the members of the JV are jointly and severally liable to the Client for the performance of the Contract.
    16. \n\t\t\t\t
  16. “Key Expert(s)” means an individual professional whose skills, qualifications, knowledge and experience are critical to the performance of the Services under the Contract and whose Curricula Vitae (CV) was taken into account in the technical evaluation of the Consultant’s proposal.
    17. \n\t\t\t\t
  17. “Local Currency” means the currency of the Client’s country.
    18. \n\t\t\t\t
  18. “Non-Key Expert(s)” means an individual professional provided by the Consultant or its Sub-consultant to perform the Services or any part thereof under the Contract.
    19. \n\t\t\t\t
  19.  “Party” means the Client or the Consultant, as the case may be, and “Parties” means both of them.
    20. \n\t\t\t\t
  20.  “SCC” means the Special Conditions of Contract by which the GCC may be amended or supplemented but not over-written.
    21. \n\t\t\t\t
  21. “Services” means the work to be performed by the Consultant pursuant to this Contract, as described in Appendix A hereto.
    22. \n\t\t\t\t
  22. “Sub-consultants” means an entity to whom/which the Consultant subcontracts any part of the Services while remaining solely liable for the execution of the Contract.
    23. \n\t\t\t\t
  23. “Third Party” means any person or entity other than the Government, the Client, the Consultant or a Sub-consultant.
    24. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Relationship between the Parties
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Nothing contained herein shall be construed as establishing a relationship of master and servant or of principal and agent as between the Client and the Consultant.  The Consultant, subject to this Contract, has complete charge of the Experts and Sub-consultants, if any, performing the Services and shall be fully responsible for the Services performed by them or on their behalf hereunder.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Law Governing Contract
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. This Contract, its meaning and interpretation, and the relation between the Parties shall be governed by the Applicable Law.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Language
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. This Contract has been executed in the language specified in the SCC, which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Headings
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The headings shall not limit, alter or affect the meaning of this Contract.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Communications
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Any communication required or permitted to be given or made pursuant to this Contract shall be in writing in the language specified in Clause GCC 4. Any such notice, request or consent shall be deemed to have been given or made when delivered in person to an authorized representative of the Party to whom the communication is addressed, or when sent to such Party at the address specified in the SCC.
      2. \n\t\t\t\t\t
    2. A Party may change its address for notice hereunder by giving the other Party any communication of such change to the address specified in the SCC.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Location
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Services shall be performed at such locations as are specified in Appendix A hereto and, where the location of a particular task is not so specified, at such locations, whether in the Government’s country or elsewhere, as the Client may approve.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Authority of Member in Charge
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. In case the Consultant is a Joint Venture, the members hereby authorize the member specified in the SCC to act on their behalf in exercising all the Consultant’s rights and obligations towards the Client under this Contract, including without limitation the receiving of instructions and payments from the Client.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Authorized Representatives
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Any action required or permitted to be taken, and any document required or permitted to be executed under this Contract by the Client or the Consultant may be taken or executed by the officials specified in the SCC.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Fraud and Corruption
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Bank requires compliance with the Bank’s Anti-Corruption Guidelines and its prevailing sanctions policies and procedures as set forth in the Bank’s Sanctions Framework, as set forth in Attachment 1 to the GCC.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

a.Commissions and Fees

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Client requires the Consultant to disclose any commissions, gratuities or fees that may have been paid or are to be paid to agents or any other party with respect to the selection process or execution of the Contract.  The information disclosed must include at least the name and address of the agent or other party, the amount and currency, and the purpose of the commission, gratuity or fee. Failure to disclose such commissions, gratuities or fees may result in termination of the Contract and/or sanctions by the Bank.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\n

 

\n\n

B.  Commencement, Completion, Modification and Termination of Contract

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t
    \n\t\t\t\t
  1. Effectiveness of Contract
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. This Contract shall come into force and effect on the date (the “Effective Date”) of the Client’s notice to the Consultant instructing the Consultant to begin carrying out the Services.  This notice shall confirm that the effectiveness conditions, if any, listed in the SCC have been met.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Termination of Contract for Failure to Become Effective
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. If this Contract has not become effective within such time period after the date of Contract signature as specified in the SCC, either Party may, by not less than twenty two (22) days written notice to the other Party, declare this Contract to be null and void, and in the event of such a declaration by either Party, neither Party shall have any claim against the other Party with respect hereto.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Commencement of Services
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Consultant shall confirm availability of Key Experts and begin carrying out the Services not later than the number of days after the Effective Date specified in the SCC.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Expiration of Contract
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Unless terminated earlier pursuant to Clause GCC 19 hereof, this Contract shall expire at the end of such time period after the Effective Date as specified in the SCC.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Entire Agreement
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. This Contract contains all covenants, stipulations and provisions agreed by the Parties.  No agent or representative of either Party has authority to make, and the Parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Modifications or Variations
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Any modification or variation of the terms and conditions of this Contract, including any modification or variation of the scope of the Services, may only be made by written agreement between the Parties. However, each Party shall give due consideration to any proposals for modification or variation made by the other Party.
      2. \n\t\t\t\t\t
    2. In cases of substantial modifications or variations, the prior written consent of the Bank is required.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Force Majeure
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

a. Definition

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. For the purposes of this Contract, “Force Majeure” means an event which is beyond the reasonable control of a Party, is not foreseeable, is unavoidable, and makes a Party’s performance of its obligations hereunder impossible or so impractical as reasonably to be considered impossible under the circumstances, and subject to those requirements, includes, but is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood or other adverse weather conditions, strikes, lockouts or other industrial action confiscation or any other action by Government agencies.
      2. \n\t\t\t\t\t
    2. Force Majeure shall not include (i) any event which is caused by the negligence or intentional action of a Party or such Party’s Experts, Sub-consultants or agents or employees, nor (ii) any event which a diligent Party could reasonably have been expected to both take into account at the time of the conclusion of this Contract, and avoid or overcome in the carrying out of its obligations hereunder.
      3. \n\t\t\t\t\t
    3. Force Majeure shall not include insufficiency of funds or failure to make any payment required hereunder.
      4. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

b. No Breach of Contract

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The failure of a Party to fulfill any of its obligations hereunder shall not be considered to be a breach of, or default under, this Contract insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures, all with the objective of carrying out the terms and conditions of this Contract.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

c. Measures to be Taken

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. A Party affected by an event of Force Majeure shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall take all reasonable measures to minimize the consequences of any event of Force Majeure.
      2. \n\t\t\t\t\t
    2. A Party affected by an event of Force Majeure shall notify the other Party of such event as soon as possible, and in any case not later than fourteen (14) calendar days following the occurrence of such event, providing evidence of the nature and cause of such event, and shall similarly give written notice of the restoration of normal conditions as soon as possible.
      3. \n\t\t\t\t\t
    3. Any period within which a Party shall, pursuant to this Contract, complete any action or task, shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure.
      4. \n\t\t\t\t\t
    4. During the period of their inability to perform the Services as a result of an event of Force Majeure, the Consultant, upon instructions by the Client, shall either:
      5. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. demobilize, in which case the Consultant shall be reimbursed for additional costs they reasonably and necessarily incurred, and, if required by the Client, in reactivating the Services; or
      2. \n\t\t\t\t\t
    2. continue with the Services to the extent reasonably possible, in which case the Consultant shall continue to be paid under the terms of this Contract and be reimbursed for additional costs reasonably and necessarily incurred.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. In the case of disagreement between the Parties as to the existence or extent of Force Majeure, the matter shall be settled according to Clauses GCC 49 & 50.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Suspension
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Client may, by written notice of suspension to the Consultant, suspend part or all payments to the Consultant hereunder if the Consultant fails to perform any of its obligations under this Contract, including the carrying out of the Services, provided that such notice of suspension (i) shall specify the nature of the failure, and (ii) shall request the Consultant to remedy such failure within a period not exceeding thirty (30) calendar days after receipt by the Consultant of such notice of suspension.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Termination
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. This Contract may be terminated by either Party as per provisions set up below:    
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

a.      By the Client

\n\t\t\t		\n\t\t\t

19.1.1. The Client may terminate this Contract in case of the occurrence of any of the events specified in paragraphs (a) through (f) of this Clause. In such an occurrence the Client shall give at least thirty (30) calendar days’ written notice of termination to the Consultant in case of the events referred to in (a) through (d); at least sixty (60) calendar days’ written notice in case of the event referred to in (e); and at least five (5) calendar days’ written notice in case of the event referred to in (f):

\n\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. If the Consultant fails to remedy a failure in the performance of its obligations hereunder, as specified in a notice of suspension pursuant to Clause GCC 18;
      2. \n\t\t\t\t\t
    2. If the Consultant becomes (or, if the Consultant consists of more than one entity, if any of its members becomes) insolvent or bankrupt or enter into any agreements with their creditors for relief of debt or take advantage of any law for the benefit of debtors or go into liquidation or receivership whether compulsory or voluntary;
      3. \n\t\t\t\t\t
    3. If the Consultant fails to comply with any final decision reached as a result of arbitration proceedings pursuant to Clause GCC 50.1;
      4. \n\t\t\t\t\t
    4. If, as the result of Force Majeure, the Consultant is unable to perform a material portion of the Services for a period of not less than sixty (60) calendar days;
      5. \n\t\t\t\t\t
    5. If the Client, in its sole discretion and for any reason whatsoever, decides to terminate this Contract;
      6. \n\t\t\t\t\t
    6. If the Consultant fails to confirm availability of Key Experts as required in Clause GCC 13.
      7. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\n\t\t\t

19.1.2.   Furthermore, if the Client determines that the Consultant has engaged in Fraud and Corruption in competing for or in executing the Contract, then the Client may, after giving fourteen (14) calendar days written notice to the Consultant, terminate the Consultant's employment under the Contract.

\n\t\t\t
\n\t\t\t

b.      By the Consultant

\n\t\t\t		\n\t\t\t

19.1.3.   The Consultant may terminate this Contract, by not less than thirty (30) calendar days’ written notice to the Client, in case of the occurrence of any of the events specified in paragraphs (a) through (d) of this Clause.

\n\n\t\t\t
    \n\t\t\t\t
  1. If the Client fails to pay any money due to the Consultant pursuant to this Contract and not subject to dispute pursuant to Clause GCC 45.1 within forty-five (45) calendar days after receiving written notice from the Consultant that such payment is overdue.
    2. \n\t\t\t\t
  2. If, as the result of Force Majeure, the Consultant is unable to perform a material portion of the Services for a period of not less than sixty (60) calendar days.
    3. \n\t\t\t\t
  3. If the Client fails to comply with any final decision reached as a result of arbitration pursuant to Clause GCC 50.1.
    4. \n\t\t\t\t
  4. If the Client is in material breach of its obligations pursuant to this Contract and has not remedied the same within forty-five (45) days (or such longer period as the Consultant may have subsequently approved in writing) following the receipt by the Client of the Consultant’s notice specifying such breach.
    5. \n\t\t\t
\n\t\t\t
\n\t\t\t

c.      Cessation of Rights and Obligations

\n\t\t\t		\n\t\t\t

19.1.4.   Upon termination of this Contract pursuant to Clauses GCC 12 or GCC 19 hereof, or upon expiration of this Contract pursuant to Clause GCC 14, all rights and obligations of the Parties hereunder shall cease, except (i) such rights and obligations as may have accrued on the date of termination or expiration, (ii) the obligation of confidentiality set forth in Clause GCC 22, (iii) the Consultant’s obligation to permit inspection, copying and auditing of their accounts and records set forth in Clause GCC 25 and to cooperate and assist in any inspection or investigation, and (iv) any right which a Party may have under the Applicable Law.

\n\t\t\t
\n\t\t\t

d.      Cessation of Services

\n\t\t\t		\n\t\t\t

19.1.5.   Upon termination of this Contract by notice of either Party to the other pursuant to Clauses GCC 19a or GCC 19b, the Consultant shall, immediately upon dispatch or receipt of such notice, take all necessary steps to bring the Services to a close in a prompt and orderly manner and shall make every reasonable effort to keep expenditures for this purpose to a minimum. With respect to documents prepared by the Consultant and equipment and materials furnished by the Client, the Consultant shall proceed as provided, respectively, by Clauses GCC 27 or GCC 28.

\n\t\t\t
\n\t\t\t

e.      Payment upon Termination

\n\t\t\t		\n\t\t\t

19.1.6.   Upon termination of this Contract, the Client shall make the following payments to the Consultant:

\n\n\t\t\t
    \n\t\t\t\t
  1. payment for Services satisfactorily performed prior to the effective date of termination; and
    2. \n\t\t\t\t
  2. in the case of termination pursuant to paragraphs (d) and (e) of Clause GCC 19.1.1, reimbursement of any reasonable cost incidental to the prompt and orderly termination of this Contract, including the cost of the return travel of the Experts.
    3. \n\t\t\t
\n\t\t\t
\n\n

C.  Obligations of the Consultant

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t
    \n\t\t\t\t
  1. General
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

a. Standard of Performance

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Consultant shall perform the Services and carry out the Services with all due diligence, efficiency and economy, in accordance with generally accepted professional standards and practices, and shall observe sound management practices, and employ appropriate technology and safe and effective equipment, machinery, materials and methods. The Consultant shall always act, in respect of any matter relating to this Contract or to the Services, as a faithful adviser to the Client, and shall at all times support and safeguard the Client’s legitimate interests in any dealings with the third parties.
      2. \n\t\t\t\t\t
    2. The Consultant shall employ and provide such qualified and experienced Experts and Sub-consultants as are required to carry out the Services.
      3. \n\t\t\t\t\t
    3. The Consultant may subcontract part of the Services to an extent and with such Key Experts and Sub-consultants as may be approved in advance by the Client. Notwithstanding such approval, the Consultant shall retain full responsibility for the Services.
      4. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Law Applicable to Services
    2. \n\t\t\t
\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Consultant shall perform the Services in accordance with the Contract and the Applicable Law and shall take all practicable steps to ensure that any of its Experts and Sub-consultants, comply with the Applicable Law. 
      2. \n\t\t\t\t\t
    2. Throughout the execution of the Contract, the Consultant shall comply with the import of goods and services prohibitions in the Client’s country when
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t\t
  2. as a matter of law or official regulations, the Borrower’s country prohibits commercial relations with that country; or
    3. \n\t\t\t\t
  3. by an act of compliance with a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, the Borrower’s Country prohibits any import of goods from that country or any payments to any country, person, or entity in that country.\n\t\t\t\t
      \n\t\t\t\t\t
    1. The Client shall notify the Consultant in writing of relevant local customs, and the Consultant shall, after such notification, respect such customs.
      2. \n\t\t\t\t
    \n\t\t\t\t
    4. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Conflict of Interest
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Consultant shall hold the Client’s interests paramount, without any consideration for future work, and strictly avoid conflict with other assignments or their own corporate interests.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t

a.      Consultant Not to Benefit from Commissions, Discounts, etc.

\n\t\t\t		\n\t\t\t

21.1.1 The payment of the Consultant pursuant to GCC F (Clauses GCC 43 through 47) shall constitute the Consultant’s only payment in connection with this Contract and, subject to Clause GCC 21.1.3, the Consultant shall not accept for its own benefit any trade commission, discount or similar payment in connection with activities pursuant to this Contract or in the discharge of its obligations hereunder, and the Consultant shall use its best efforts to ensure that any Sub-consultants, as well as the Experts and agents of either of them, similarly shall not receive any such additional payment.

\n\n\t\t\t

21.1.2 Furthermore, if the Consultant, as part of the Services, has the responsibility of advising the Client on the procurement of goods, works or services, the Consultant shall comply with the Bank’s Applicable Regulations, and shall at all times exercise such responsibility in the best interest of the Client. Any discounts or commissions obtained by the Consultant in the exercise of such procurement responsibility shall be for the account of the Client.

\n\t\t\t
\n\t\t\t

b.      Consultant and Affiliates Not to Engage in Certain Activities

\n\t\t\t		\n\t\t\t

21.1.3 The Consultant agrees that, during the term of this Contract and after its termination, the Consultant and any entity affiliated with the Consultant, as well as any Sub-consultants and any entity affiliated with such Sub-consultants, shall be disqualified from providing goods, works or non-consulting services resulting from or directly related to the Consultant’s Services for the preparation or implementation of the project.

\n\t\t\t
\n\t\t\t

c.      Prohibition of Conflicting Activities

\n\t\t\t		\n\t\t\t

21.1.4 The Consultant shall not engage, and shall cause its Experts as well as its Sub-consultants not to engage, either directly or indirectly, in any business or professional activities that would conflict with the activities assigned to them under this Contract.

\n\t\t\t
\n\t\t\t

d.      Strict Duty to Disclose Conflicting Activities

\n\t\t\t		\n\t\t\t

21.1.5 The Consultant has an obligation and shall ensure that its Experts and Sub-consultants shall have an obligation to disclose any situation of actual or potential conflict that impacts their capacity to serve the best interest of their Client, or that may reasonably be perceived as having this effect. Failure to disclose said situations may lead to the disqualification of the Consultant or the termination of its Contract.

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Confidentiality
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Except with the prior written consent of the Client, the Consultant and the Experts shall not at any time communicate to any person or entity any confidential information acquired in the course of the Services, nor shall the Consultant and the Experts make public the recommendations formulated in the course of, or as a result of, the Services.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Liability of the Consultant
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Subject to additional provisions, if any, set forth in the SCC, the Consultant’s liability under this Contract shall be provided by the Applicable Law.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Insurance to be taken out by the Consultant
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Consultant (i) shall take out and maintain, and shall cause any Sub-consultants to take out and maintain, at its (or the Sub-consultants’, as the case may be) own cost but on terms and conditions approved by the Client, insurance against the risks, and for the coverage specified in the SCC, and (ii) at the Client’s request, shall provide evidence to the Client showing that such insurance has been taken out and maintained and that the current premiums therefore have been paid. The Consultant shall ensure that such insurance is in place prior to commencing the Services as stated in Clause GCC 13.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Accounting, Inspection and Auditing
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Consultant shall keep, and shall make all reasonable efforts to cause its Sub-consultants to keep, accurate and systematic accounts and records in respect of the Services and in such form and detail as will clearly identify relevant time changes and costs.
      2. \n\t\t\t\t\t
    2. Pursuant to paragraph 2.2 e. of Attachment 1 to the General Conditions, the Consultant shall permit and shall cause its agents (where declared or not), subcontractors, subconsultants, service providers, suppliers, and personnel, to permit, the Bank and/or persons appointed by the Bank to inspect the site and/or the accounts, records and other documents relating to the procurement process, selection and/or contract execution, and to have such accounts, records and other documents audited by auditors appointed by the Bank. The Consultant’s and its Subcontractors’ and subconsultants’ attention is drawn to Clause GCC 10.1 (Fraud and Corruption) which provides, inter alia, that acts intended to materially impede the exercise of the Bank’s inspection and audit rights constitute a prohibited practice subject to contract termination (as well as to a determination of ineligibility pursuant to the Bank’s prevailing sanctions procedures).
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Reporting Obligations
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Consultant shall submit to the Client the reports and documents specified in Appendix A, in the form, in the numbers and within the time periods set forth in the said Appendix. 
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Proprietary Rights of the Client in Reports and Records
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Unless otherwise indicated in the SCC, all reports and relevant data and information such as maps, diagrams, plans, databases, other documents and software, supporting records or material compiled or prepared by the Consultant for the Client in the course of the Services shall be confidential and become and remain the absolute property of the Client. The Consultant shall, not later than upon termination or expiration of this Contract, deliver all such documents to the Client, together with a detailed inventory thereof. The Consultant may retain a copy of such documents, data and/or software but shall not use the same for purposes unrelated to this Contract without prior written approval of the Client. 
      2. \n\t\t\t\t\t
    2. If license agreements are necessary or appropriate between the Consultant and third parties for purposes of development of the plans, drawings, specifications, designs, databases, other documents and software, the Consultant shall obtain the Client’s prior written approval to such agreements, and the Client shall be entitled at its discretion to require recovering the expenses related to the development of the program(s) concerned.  Other restrictions about the future use of these documents and software, if any, shall be specified in the SCC.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Equipment, Vehicles and Materials
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Equipment, vehicles and materials made available to the Consultant by the Client, or purchased by the Consultant wholly or partly with funds provided by the Client, shall be the property of the Client and shall be marked accordingly.  Upon termination or expiration of this Contract, the Consultant shall make available to the Client an inventory of such equipment, vehicles and materials and shall dispose of such equipment, vehicles and materials in accordance with the Client’s instructions. While in possession of such equipment, vehicles and materials, the Consultant, unless otherwise instructed by the Client in writing, shall insure them at the expense of the Client in an amount equal to their full replacement value.
      2. \n\t\t\t\t\t
    2. Any equipment or materials brought by the Consultant or its Experts into the Client’s country for the use either for the project or personal use shall remain the property of the Consultant or the Experts concerned, as applicable.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Code of Conduct
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t

Not used

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Forced Labor
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Consultant, including its Subconsultants, shall not employ or engage forced labor. Forced labor consists of any work or service, not voluntarily performed, that is exacted from an individual under threat of force or penalty, and includes any kind of involuntary or compulsory labor, such as indentured labor, bonded labor or similar labor-contracting arrangements.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\n\t\t\t

No persons shall be employed or engaged who have been subject to trafficking. Trafficking in persons is defined as the recruitment, transportation, transfer, harboring or receipt of persons by means of the threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power, or of a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purposes of exploitation.

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Child Labor
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Consultant, including its Subconsultants, shall not employ or engage a child under the age of 14 unless the national law specifies a higher age (the minimum age).
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\n\t\t\t

The Consultant, including its Subconsultants, shall not employ or engage a child between the minimum age and the age of 18 in a manner that is likely to be hazardous, or to interfere with, the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral, or social development.

\n\n\t\t\t

The Consultant, including its Subconsultants, shall only employ or engage children between the minimum age and the age of 18 after an appropriate risk assessment has been conducted by the Consultant with the Client’s consent. The Consultant shall be subject to regular monitoring by the Client that includes monitoring of health, working conditions and hours of work.

\n\n\t\t\t

Work considered hazardous for children is work that, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety, or morals of children. Such work activities prohibited for children include work:

\n\n\t\t\t
    \n\t\t\t\t
  1. with exposure to physical, psychological or sexual abuse;
    2. \n\t\t\t\t
  2. underground, underwater, working at heights or in confined spaces;
    3. \n\t\t\t\t
  3. with dangerous machinery, equipment or tools, or involving handling or transport of heavy loads;
    4. \n\t\t\t\t
  4. in unhealthy environments exposing children to hazardous substances, agents, or processes, or to temperatures, noise or vibration damaging to health; or
    5. \n\t\t\t\t
  5. under difficult conditions such as work for long hours, during the night or in confinement on the premises of the employer.
    6. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Non-Discrimination and Equal Opportunity
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Consultant shall not make decisions relating to the employment or treatment of Experts on the basis of personal characteristics unrelated to inherent job requirements. The Consultant shall base the employment of Experts on the principle of equal opportunity and fair treatment, and shall not discriminate with respect to any aspects of the employment relationship, including recruitment and hiring, compensation (including wages and benefits), working conditions and terms of employment, access to training, job assignment, promotion, termination of employment or retirement, and disciplinary practices.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\n\t\t\t

Special measures of protection or assistance to remedy past discrimination or selection for a particular job based on the inherent requirements of the job shall not be deemed discrimination. The Consultant shall provide protection and assistance as necessary to ensure non-discrimination and equal opportunity, including for specific groups such as women, people with disabilities, migrant workers and children (of working age in accordance with Clause GCC 31).

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Training of Experts
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Consultant shall provide appropriate sensitization to the Experts on social aspects of the Contract, including on prohibition of SEA and SH.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\n\t\t\t

The Consultant shall provide training on SEA and SH, including its prevention, to any of its Experts who has a role to supervise other Experts.

\n\t\t\t
\n\n

 

\n\n

          D.  Consultant’s Experts and Sub-Consultants

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t
    \n\t\t\t\t
  1. Description of Key Experts
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The title, agreed job description, minimum qualification and estimated period of engagement to carry out the Services of each of the Consultant’s Key Experts are described in Appendix B. 
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Replacement of Key Experts
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Except as the Client may otherwise agree in writing, no changes shall be made in the Key Experts.
      2. \n\t\t\t\t\t
    2. Notwithstanding the above, the substitution of Key Experts during Contract execution may be considered only based on the Consultant’s written request and due to circumstances outside the reasonable control of the Consultant, including but not limited to death or medical incapacity. In such case, the Consultant shall forthwith provide as a replacement, a person of equivalent or better qualifications and experience, and at the same rate of remuneration.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Removal of Experts or Sub-consultants
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. If the Client finds that any of the Experts or Sub-consultant:
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t\t
  2. persists in any misconduct or lack of care;
    3. \n\t\t\t
\n\n\t\t\t

 

\n\n\t\t\t
    \n\t\t\t\t
  1. carries out duties incompetently or negligently;
    2. \n\t\t\t
\n\n\t\t\t

 

\n\n\t\t\t
    \n\t\t\t\t
  1. fails to comply with any provision of the Contract;
    2. \n\t\t\t
\n\n\t\t\t

 

\n\n\t\t\t
    \n\t\t\t\t
  1. based on reasonable evidence, is determined to have engaged in Fraud and Corruption during the execution of the Services;
    2. \n\t\t\t
\n\n\t\t\t

the Consultant shall, at the Client’s written request, provide a replacement.

\n\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. In the event that any of Key Experts, Non-Key Experts or Sub-consultants is found by the Client to be incompetent or incapable in discharging assigned duties, the Client, specifying the grounds therefore, may request the Consultant to provide a replacement.
      2. \n\t\t\t\t\t
    2. Any replacement of the removed Experts or Sub-consultants shall possess better qualifications and experience and shall be acceptable to the Client.
      3. \n\t\t\t\t\t
    3. Subject to the requirements in Clause GCC 36.3, and notwithstanding any requirement from the Client to request a replacement, the Consultant shall take immediate action as appropriate in response to any violation of (a) through (e) above. Such immediate action shall include removing (or causing to be removed) from carrying out the Services, any Expert who engages in (a) to (e) above.
      4. \n\t\t\t\t\t
    4. The Consultant shall bear all costs arising out of or incidental to any removal and/or replacement of such Experts.
      5. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\n

E.  Obligations of the Client

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t
    \n\t\t\t\t
  1. Assistance and Exemptions
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Unless otherwise specified in the SCC, the Client shall use its best efforts to:
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t\t
  2. Assist the Consultant with obtaining work permits and such other documents as shall be necessary to enable the Consultant to perform the Services.
    3. \n\t\t\t\t
  3. Assist the Consultant with promptly obtaining, for the Experts and, if appropriate, their eligible dependents, all necessary entry and exit visas, residence permits, exchange permits and any other documents required for their stay in the Client’s country while carrying out the Services under the Contract.
    4. \n\t\t\t\t
  4. Facilitate prompt clearance through customs of any property required for the Services and of the personal effects of the Experts and their eligible dependents.
    5. \n\t\t\t\t
  5. Issue to officials, agents and representatives of the Government all such instructions and information as may be necessary or appropriate for the prompt and effective implementation of the Services.
    6. \n\t\t\t\t
  6. Assist the Consultant and the Experts and any Sub-consultants employed by the Consultant for the Services with obtaining exemption from any requirement to register or obtain any permit to practice their profession or to establish themselves either individually or as a corporate entity in the Client’s country according to the applicable law in the Client’s country.
    7. \n\t\t\t\t
  7. Assist the Consultant, any Sub-consultants and the Experts of either of them with obtaining the privilege, pursuant to the applicable law in the Client’s country, of bringing into the Client’s country reasonable amounts of foreign currency for the purposes of the Services or for the personal use of the Experts and of withdrawing any such amounts as may be earned therein by the Experts in the execution of the Services.
    8. \n\t\t\t\t
  8. Provide to the Consultant any such other assistance as may be specified in the SCC.
    9. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Access to Project Site
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Client warrants that the Consultant shall have, free of charge, unimpeded access to the project site in respect of which access is required for the performance of the Services.  The Client will be responsible for any damage to the project site or any property thereon resulting from such access and will indemnify the Consultant and each of the experts in respect of liability for any such damage, unless such damage is caused by the willful default or negligence of the Consultant or any Sub-consultants or the Experts of either of them.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
 \n\t\t\t
    \n\t\t\t\t
  1. Change in the Applicable Law Related to Taxes and Duties
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. If, after the date of this Contract, there is any change in the applicable law in the Client’s country with respect to taxes and duties which increases or decreases the cost incurred by the Consultant in performing the Services, then the remuneration and reimbursable expenses otherwise payable to the Consultant under this Contract shall be increased or decreased accordingly by agreement between the Parties hereto, and corresponding adjustments shall be made to the Contract price  amount specified in Clause GCC 39.1.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Services, Facilities and Property of the Client
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Client shall make available to the Consultant and the Experts, for the purposes of the Services and free of any charge, the services, facilities and property described in the Terms of Reference (Appendix A) at the times and in the manner specified in said Appendix A.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Counterpart Personnel
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Client shall make available to the Consultant free of charge such professional and support counterpart personnel, to be nominated by the Client with the Consultant’s advice, if specified in Appendix A.
      2. \n\t\t\t\t\t
    2. Professional and support counterpart personnel, excluding Client’s liaison personnel, shall work under the exclusive direction of the Consultant.  If any member of the counterpart personnel fails to perform adequately any work assigned to such member by the Consultant that is consistent with the position occupied by such member, the Consultant may request the replacement of such member, and the Client shall not unreasonably refuse to act upon such request.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Payment Obligation
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. In consideration of the Services performed by the Consultant under this Contract, the Client shall make such payments to the Consultant for the deliverables specified in Appendix A and in such manner as is provided by GCC F below.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\n

F.  Payments to the Consultant

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t
    \n\t\t\t\t
  1.  Contract Price
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Contract price is fixed and is set forth in the SCC. The Contract price breakdown is provided in Appendix C.
      2. \n\t\t\t\t\t
    2. Any change to the Contract price specified in Clause GCC 43.1 can be made only if the Parties have agreed to the revised scope of Services pursuant to Clause GCC 16 and have amended in writing the Terms of Reference in Appendix A.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Taxes and Duties
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Consultant, Sub-consultants and Experts are responsible for meeting any and all tax liabilities arising out of the Contract unless it is stated otherwise in the SCC. 
      2. \n\t\t\t\t\t
    2. As an exception to the above and as stated in the SCC, all local identifiable indirect taxes (itemized and finalized at Contract negotiations) are reimbursed to the Consultant or are paid by the Client on behalf of the Consultant.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Currency of Payment
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Any payment under this Contract shall be made in the currency (ies) of the Contract.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Mode of Billing and Payment
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The total payments under this Contract shall not exceed the Contract price set forth in Clause GCC 43.1.
      2. \n\t\t\t\t\t
    2. The payments under this Contract shall be made in lump-sum instalments against deliverables specified in Appendix A. The payments will be made according to the payment schedule stated in the SCC. 
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\n\t\t\t

46.2.1 Advance payment: Unless otherwise indicated in the SCC, an advance payment shall be made against an advance payment bank guarantee acceptable to the Client in an amount (or amounts) and in a currency (or currencies) specified in the SCC. Such guarantee (i) is to remain effective until the advance payment has been fully set off, and (ii) is to be in the form set forth in Appendix D, or in such other form as the Client shall have approved in writing. The advance payments will be set off by the Client in equal portions against the lump-sum installments specified in the SCC until said advance payments have been fully set off.

\n\n\t\t\t

46.2.2 The Lump-Sum Installment Payments. The Client shall pay the Consultant within sixty (60) days after the receipt by the Client of the deliverable(s) and the cover invoice for the related lump-sum installment payment.   The payment can be withheld if the Client does not approve the submitted deliverable(s) as satisfactory in which case the Client shall provide comments to the Consultant within the same sixty (60) days period. The Consultant shall thereupon promptly make any necessary corrections, and thereafter the foregoing process shall be repeated.   

\n\n\t\t\t

46.2.3 The Final Payment. The final payment under this Clause shall be made only after the final report have been submitted by the Consultant and approved as satisfactory by the Client.  The Services shall then be deemed completed and finally accepted by the Client. The last lump-sum installment shall be deemed approved for payment by the Client  within ninety (90) calendar days after receipt of the final report by the Client unless the Client, within such ninety (90) calendar day period, gives written notice to the Consultant specifying in detail deficiencies in the Services, the final report.  The Consultant shall thereupon promptly make any necessary corrections, and thereafter the foregoing process shall be repeated. 

\n\n\t\t\t

46.2.4 All payments under this Contract shall be made to the accounts of the Consultant specified in the SCC.

\n\n\t\t\t

46.2.5 With the exception of the final payment under 46.2.3 above, payments do not constitute acceptance of the whole Services nor relieve the Consultant of any obligations hereunder.   

\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Interest on Delayed Payments
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. If the Client had delayed payments beyond fifteen (15) days after the due date stated in Clause GCC 46.2.2, interest shall be paid to the Consultant on any amount due by, not paid on, such due date for each day of delay at the annual rate stated in the SCC.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\n

G.  Fairness and Good Faith

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t
    \n\t\t\t\t
  1. Good Faith
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Parties undertake to act in good faith with respect to each other’s rights under this Contract and to adopt all reasonable measures to ensure the realization of the objectives of this Contract.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\n

H.  Settlement of Disputes

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t
    \n\t\t\t\t
  1. Amicable Settlement
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. The Parties shall seek to resolve any dispute amicably by mutual consultation.
      2. \n\t\t\t\t\t
    2. If either Party objects to any action or inaction of the other Party, the objecting Party may file a written Notice of Dispute to the other Party providing in detail the basis of the dispute. The Party receiving the Notice of Dispute will consider it and respond in writing within fourteen (14) days after receipt. If that Party fails to respond within fourteen (14) days, or the dispute cannot be amicably settled within fourteen (14) days following the response of that Party, Clause GCC 50.1 shall apply.
      3. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\t\t\t
    \n\t\t\t\t
  1. Dispute Resolution
    2. \n\t\t\t
\n\t\t\t		\n\t\t\t
    \n\t\t\t\t
  1. \n\t\t\t\t
      \n\t\t\t\t\t
    1. Any dispute between the Parties arising under or related to this Contract that cannot be settled amicably may be referred to by either Party to the adjudication/arbitration in accordance with the provisions specified in the SCC.
      2. \n\t\t\t\t
    \n\t\t\t\t
    2. \n\t\t\t
\n\t\t\t
\n\n

 

\n\n

II. General Conditions

\n\n

Attachment 1

\n\n

Fraud and Corruption

\n\n

(Text in this Attachment shall not be modified)

\n\n

 

\n\n
    \n\t
  1. Purpose\n\n\t
      \n\t\t
    1. The Bank’s Anti-Corruption Guidelines and this annex apply with respect to procurement under Bank Investment Project Financing operations.
      2. \n\t
    \n\t
    2. \n\t
  2. Requirements
    3. \n
\n\n
    \n\t
  1. The Bank requires that Borrowers (including beneficiaries of Bank financing); bidders (applicants/proposers), consultants, contractors and suppliers; any sub-contractors, sub-consultants, service providers or suppliers; any agents (whether declared or not); and any of their personnel, observe the highest standard of ethics during the procurement process, selection and contract execution of Bank-financed contracts, and refrain from Fraud and Corruption.
    2. \n\t
  2. To this end, the Bank:
    3. \n
\n\n
    \n\t
  1. Defines, for the purposes of this provision, the terms set forth below as follows:
    2. \n
\n\n
    \n\t
  1. “corrupt practice” is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party;
    2. \n\t
  2. “fraudulent practice” is any act or omission, including misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain financial or other benefit or to avoid an obligation;
    3. \n\t
  3. “collusive practice” is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party;
    4. \n\t
  4. “coercive practice” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party;
    5. \n\t
  5. “obstructive practice” is:
    6. \n
\n\n
    \n\t
  1. deliberately destroying, falsifying, altering, or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a Bank investigation into allegations of a corrupt, fraudulent, coercive, or collusive practice; and/or threatening, harassing, or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or
    2. \n\t
  2. acts intended to materially impede the exercise of the Bank’s inspection and audit rights provided for under paragraph 2.2 e. below.
    3. \n
\n\n
    \n\t
  1. Rejects a proposal for award if the Bank determines that the firm or individual recommended for award, any of its personnel, or its agents, or its sub-consultants, sub-contractors, service providers, suppliers and/ or their employees, has, directly or indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing for the contract in question;
    2. \n\t
  2. In addition to the legal remedies set out in the relevant Legal Agreement, may take other appropriate actions, including declaring misprocurement, if the Bank determines at any time that representatives of the Borrower or of a recipient of any part of the proceeds of the loan engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices during the procurement process, selection and/or execution of the contract in question,  without the Borrower having taken timely and appropriate action satisfactory to the Bank to address such practices when they occur, including by failing to inform the Bank in a timely manner at the time  they knew of the practices;
    3. \n\t
  3. Pursuant to the Bank’s Anti- Corruption Guidelines and in accordance with the Bank’s prevailing sanctions policies and procedures, may sanction a firm or individual, either indefinitely or for a stated period of time, including by publicly declaring such firm or individual ineligible (i) to be awarded or otherwise benefit from a Bank-financed contract, financially or in any other manner;[17] (ii) to be a nominated[18] sub-contractor, consultant, manufacturer or supplier, or service provider of an otherwise eligible firm being awarded a Bank-financed contract; and (iii) to receive the proceeds of any loan made by the Bank or otherwise to participate further in the preparation or implementation of any Bank-financed project;
    4. \n\t
  4. Requires that a clause be included in bidding/request for proposals documents and in contracts financed by a Bank loan, requiring (i) bidders (applicants/proposers), consultants, contractors, and suppliers, and their sub-contractors, sub-consultants, service providers, suppliers, agents personnel, permit the Bank to inspect[19] all accounts, records and other documents relating to the  procurement process, selection and/or contract execution, and to have them audited by auditors appointed by the Bank.
    5. \n
\n\n

 

\n\n

Special Conditions of Contract

\n\n

[Notes in brackets are for guidance purposes only and should be deleted in the final text of the signed contract]

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Number of GC Clause

\n\t\t\t		\n\t\t\t

Amendments of, and Supplements to, Clauses in the General Conditions of Contract

\n\t\t\t
\n\t\t\t

1.1(a)

\n\t\t\t		\n\t\t\t

The Contract shall be construed in accordance with the law of India

\n\t\t\t
\n\t\t\t

4.1

\n\t\t\t		\n\t\t\t

The language is: English.

\n\t\t\t
\n\t\t\t

6.1 and 6.2

\n\t\t\t		\n\t\t\t

The addresses are [fill in at negotiations with the selected firm]:

\n\n\t\t\t

 

\n\n\t\t\t

Client :                                                                                               

\n\n\t\t\t

                                                                                                           

\n\n\t\t\t

Attention :                                                                                         

\n\n\t\t\t

Facsimile :                                                                                          

\n\n\t\t\t

E-mail (where permitted):                                                                  

\n\n\t\t\t

 

\n\n\t\t\t

Consultant :                                                                                       

\n\n\t\t\t

                                                                                                           

\n\n\t\t\t

Attention :                                                                                         

\n\n\t\t\t

Facsimile :                                                                                          

\n\n\t\t\t

E-mail (where permitted) :                                                                 

\n\t\t\t
\n\t\t\t

8.1

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

[Note: If the Consultant consists only of one entity, state “N/A”;

\n\n\t\t\t

OR

\n\n\t\t\t

If the Consultant is a Joint Venture consisting of more than one entity, the name of the JV member whose address is specified in Clause SCC 6.1 should be inserted here.]

\n\n\t\t\t

The Lead Member on behalf of the JV is ___________ ______________________________ [insert name of the member]

\n\t\t\t
\n\t\t\t

9.1

\n\t\t\t		\n\t\t\t

The Authorized Representatives are:

\n\n\t\t\t

 

\n\n\t\t\t

For the Client:           [name, title]                                                   

\n\n\t\t\t

 

\n\n\t\t\t

For the Consultant:   [name, title]                                                   

\n\t\t\t
\n\t\t\t

11.1

\n\t\t\t		\n\t\t\t

The effectiveness conditions are the following: Signing of Contract by both the parties, after due approvals.

\n\t\t\t
\n\t\t\t

12.1

\n\t\t\t		\n\t\t\t

Termination of Contract for Failure to Become Effective:

\n\n\t\t\t

 

\n\n\t\t\t

The time period shall be 30 days.

\n\t\t\t
\n\t\t\t

13.1

\n\t\t\t		\n\t\t\t

Commencement of Services:

\n\n\t\t\t

 

\n\n\t\t\t

The number of days shall be 10 days.

\n\n\t\t\t

 

\n\n\t\t\t

Confirmation of Key Experts’ availability to start the Assignment shall be submitted to the Client in writing as a written statement signed by each Key Expert.

\n\t\t\t
\n\t\t\t

14.1

\n\t\t\t		\n\t\t\t

Expiration of Contract: The time period shall be 45 Weeks

\n\t\t\t
\n\t\t\t

21 b.

\n\t\t\t		\n\t\t\t

The Client reserves the right to determine on a case-by-case basis whether the Consultant should be disqualified from providing goods, works or non-consulting services due to a conflict of a nature described in Clause GCC 21.1.3

\n\n\t\t\t

 

\n\n\t\t\t

Yes

\n\t\t\t
\n\n

 

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

23.1

\n\t\t\t		\n\t\t\t

No additional provisions.

\n\t\t\t
\n\t\t\t

24.1

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

The insurance coverage against the risks shall be as follows:

\n\n\t\t\t

 

\n\n\t\t\t

(a) Professional liability insurance, with a minimum coverage of INR 120 Lakhs

\n\n\t\t\t

(b)     Third Party motor vehicle liability insurance in respect of motor vehicles operated in the Client’s country by the Consultant or its Experts or Sub-consultants, with a minimum coverage as per the latest Amended Motor Vehicles Act, India;

\n\n\t\t\t

 

\n\n\t\t\t

(c)     Third Party liability insurance, with a minimum coverage of amount in accordance with the applicable law in India

\n\n\t\t\t

 

\n\n\t\t\t

(d)    employer’s liability and workers’ compensation insurance in respect of the experts and Sub-consultants in accordance with the relevant provisions of the applicable law in the Client’s country, as well as, with respect to such Experts, any such life, health, accident, travel or other insurance as may be appropriate; and

\n\n\t\t\t

 

\n\n\t\t\t

(e)     insurance against loss of or damage to (i) equipment purchased in whole or in part with funds provided under this Contract, (ii) the Consultant’s property used in the performance of the Services, and (iii) any documents prepared by the Consultant in the performance of the Services.

\n\n\t\t\t

 

\n\t\t\t
\n\t\t\t

27.1

\n\t\t\t		\n\t\t\t

None

\n\t\t\t
\n\t\t\t

27.2

\n\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\n\t\t\t

[The Consultant shall not use any documents and software or project related information for purposes unrelated to this Contract without the prior written approval of the Client.]

\n\n\t\t\t

 

\n\t\t\t
\n\t\t\t

37.1

\n\n\t\t\t

(a) through (f)

\n\t\t\t		\n\t\t\t

The Contract price is: ____________________ [insert amount and currency for each currency as applicable] [indicate: inclusive or exclusive] of local indirect taxes.

\n\n\t\t\t

 

\n\n\t\t\t

Any indirect local taxes chargeable in respect of this Contract for the Services provided by the Consultant shall [insert as appropriate: “be paid” or “reimbursed”] by the Client [insert as appropriate: “for“ or “to”]the Consultant.

\n\n\t\t\t

 

\n\n\t\t\t

The amount of such taxes is ____________________ [insert the amount as finalized at the Contract’s negotiations on the basis of the estimates provided by the Consultant in Form FIN-2 of the Consultant’s Financial Proposal.

\n\t\t\t
\n\t\t\t

37.1(g)

\n\t\t\t		\n\t\t\t

[The Bank leaves it to the Client to decide whether the Consultant (i) should be exempted from indirect local tax, or (ii) should be reimbursed by the Client for any such tax they might have to pay (or that the Client would pay such tax on behalf of the Consultant]

\n\n\t\t\t

The Client warrants that [choose one applicable option consistent with the ITC 16.3 and the outcome of the Contract’s negotiations (Form FIN-2, part B “Indirect Local Tax – Estimates”):

\n\n\t\t\t

If ITC16.3 indicates a tax exemption status, include the following: “the Consultant, the Sub-consultants and the Experts shall be exempt from”

\n\n\t\t\t

OR

\n\n\t\t\t

If ITC16.3 does not indicate the exemption and, depending on whether the Client shall pay the withholding tax or the Consultant has to pay, include the following:

\n\n\t\t\t

“the Client shall pay on behalf of the Consultant, the Sub-consultants and the Experts,” OR “the Client shall reimburse the Consultant, the Sub-consultants and the Experts”]

\n\n\t\t\t

any indirect taxes, duties, fees, levies and other impositions imposed, under the applicable law in the Client’s country, on the Consultant, the Sub-consultants and the Experts in respect of:

\n\n\t\t\t

(a)     any payments whatsoever made to the Consultant, Sub-consultants and the Experts (other than nationals or permanent residents of the Client’s country), in connection with the carrying out of the Services;

\n\n\t\t\t

(b)    any equipment, materials and supplies brought into the Client’s country by the Consultant or Sub-consultants for the purpose of carrying out the Services and which, after having been brought into such territories, will be subsequently withdrawn by them;

\n\n\t\t\t

(c)     any equipment imported for the purpose of carrying out the Services and paid for out of funds provided by the Client and which is treated as property of the Client;

\n\n\t\t\t

(d)    any property brought into the Client’s country by the Consultant, any Sub-consultants or the Experts (other than nationals or permanent residents of the Client’s country), or the eligible dependents of such experts for their personal use and which will subsequently be withdrawn by them upon their respective departure from the Client’s country, provided that:

\n\n\t\t\t

(i) the Consultant, Sub-consultants and experts shall follow the usual customs procedures of the Client’s country in importing property into the Client’s country; and

\n\n\t\t\t

 

\n\n\t\t\t

(ii) if the Consultant, Sub-consultants or Experts do not withdraw but dispose of any property in the Client’s country upon which customs duties and taxes have been exempted, the Consultant, Sub-consultants or Experts, as the case may be, (a) shall bear such customs duties and taxes in conformity with the regulations of the Client’s country, or (b) shall reimburse them to the Client if they were paid by the Client at the time the property in question was brought into the Client’s country.

\n\t\t\t
\n\t\t\t

43.1

\n\t\t\t		\n\t\t\t

 

\n\n\t\t\t

[The Consultant shall not use any documents and software or project related information for purposes unrelated to this Contract without the prior written approval of the Client.]

\n\n\t\t\t

 

\n\t\t\t
\n\t\t\t

44.1 and 44.2

\n\t\t\t		\n\t\t\t

The Contract price is: ____________________ [insert amount and currency for each currency as applicable] [indicate: inclusive or exclusive] of local indirect taxes.

\n\n\t\t\t

 

\n\n\t\t\t

Any indirect local taxes chargeable in respect of this Contract for the Services provided by the Consultant shall be paid the Client to the Consultant.

\n\n\t\t\t

 

\n\n\t\t\t

The amount of such taxes is ____________________ [insert the amount as finalized at the Contract’s negotiations on the basis of the estimates provided by the Consultant in Form FIN-2 of the Consultant’s Financial Proposal.

\n\t\t\t
\n\t\t\t

46.2

\n\t\t\t		\n\t\t\t\n\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\n\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\n\t\t\t
\n\t\t\t\t\t\t

No.

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Deliverables

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Expected period from date of Contract

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Payment Milestones

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

A)  Task 1 & Task 2

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

1

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Inception Report

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

2 weeks

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

5%

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

2

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Preparation of draft ToR for conducting EIA study as EIA notification 2006

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

4 weeks

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

0

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

3

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Preparation of final ToR for conducting EIA study as per EIA notification 2006

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

6 weeks

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

10%

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

4

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Interim Report

\n\n\t\t\t\t\t\t

Detailing status of activities incl. review of environmental screening, data collection, road blocks, main findings, details on host community, methodology for social screening and impact assessment, any modification of methodologies, etc.

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

8 weeks

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

10%

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

5

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Stakeholder Consultations

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

10 weeks

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

0

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

5a

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Draft Environmental Impact Assessment and Social Impact Assessment report (with translated summary in Malayalam) including ESMP, Monitoring Plan, Budget, Institutional Responsibilities

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

20 weeks

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

10%

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

5b

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Final Environmental Impact Assessment and Social Impact Assessment report, Resettlement Action Plan (RAP)(with translated summary in Malayalam) including ESMP, Monitoring Plan, Budget, Institutional Responsibilities

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

26 weeks

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

15%

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

6

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Gender Action Plans (GAP)

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

32 weeks

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

15%

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

7

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Livelihood Action Plan (LAP)

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

8

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Labour Management Plan (LMP)

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

9

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Tribal Development Plan-(TDP)

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

36 weeks

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

10

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Documentation & arrangements for obtaining the Environmental Clearance & all related statutory clearances

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

40 weeks

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

10%

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

11

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Handholding the Client for obtaining the Environmental Clearance & all related statutory clearances

\n\n\t\t\t\t\t\t

 

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Until issue of the EC & related clearances

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

25%

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

B) Task 3

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

1

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Submission of draft comments on EIA documents for Dumpsite Remediation prepared by TSC

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

From 14th week for each EIA & SIA document under Task 3

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

50%

\n\t\t\t\t\t\t
\n\t\t\t\t\t\t

2

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Submission of final comments on EIA documents for Dumpsite Remediation prepared by TSC

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

Two weeks for each EIA & SIA document from submission of draft EIA document for dumpsite remediation

\n\t\t\t\t\t\t		\n\t\t\t\t\t\t

50%

\n\t\t\t\t\t\t
     
\n\n\t\t\t

 

\n\t\t\t
\n\t\t\t

46.2.1 

\n\t\t\t		\n\t\t\t

Not Applicable

\n\t\t\t
\n\t\t\t

46.2.4

\n\t\t\t		\n\t\t\t

The account is:

\n\n\t\t\t

 

\n\n\t\t\t

[insert account] for Rs.

\n\t\t\t
\n\t\t\t

47.1

\n\t\t\t		\n\t\t\t

The interest rate is:

\n\n\t\t\t

For local currency : 3% for INR part

\n\t\t\t
\n\t\t\t

50.1

\n\t\t\t		\n\t\t\t

Disputes shall be settled by arbitration in accordance with the following provisions:

\n\n\t\t\t

1.      Selection of Arbitrators.  Each dispute submitted by a Party to arbitration shall be heard by a sole arbitrator or an arbitration panel composed of three (3) arbitrators, in accordance with the following provisions:

\n\n\t\t\t

 

\n\n\t\t\t

(a)     Where the Parties agree that the dispute concerns a technical matter, they may agree to appoint a sole arbitrator or, failing agreement on the identity of such sole arbitrator within thirty (30) days after receipt by the other Party of the proposal of a name for such an appointment by the Party who initiated the proceedings, either Party may apply to [name an appropriate professional body, e.g., Indian Council of Arbitration/ President of the Institution of Engineers (India)/ The International Centre for Alternative Disputes Resolution (India)*] for a list of not fewer than five (5) nominees and, on receipt of such list, the Parties shall alternately strike names therefrom, and the last remaining nominee on the list shall be the sole arbitrator for the matter in dispute.  If the last remaining nominee has not been determined in this manner within sixty (60) days of the date of the list, [insert the name of the same professional body as above] shall appoint, upon the request of either Party and from such list or otherwise, a sole arbitrator for the matter in dispute.

\n\n\t\t\t

 

\n\n\t\t\t

(b)    Where the Parties do not agree that the dispute concerns a technical matter, the Client and the Consultant shall each appoint one (1) arbitrator, and these two arbitrators shall jointly appoint a third arbitrator, who shall chair the arbitration panel.  If the arbitrators named by the Parties do not succeed in appointing a third arbitrator within thirty (30) days after the latter of the two (2) arbitrators named by the Parties has been appointed, the third arbitrator shall, at the request of either Party, be appointed by [name an appropriate appointing authority, e.g., Indian Council of Arbitration/ President of the Institution of Engineers (India)/ The International Centre for Alternative Disputes Resolution (India)*].

\n\n\t\t\t

 

\n\n\t\t\t

(c)     If, in a dispute subject to paragraph (b) above, one Party fails to appoint its arbitrator within thirty (30) days after the other Party has appointed its arbitrator, the Party which has named an arbitrator may apply to the [name the same appointing authority as in said paragraph (b)] to appoint a sole arbitrator for the matter in dispute, and the arbitrator appointed pursuant to such application shall be the sole arbitrator for that dispute.

\n\t\t\t
 \n\t\t\t

2.      Rules of Procedure. Arbitration proceedings shall be conducted in accordance with the procedure of the Arbitration & Conciliation Act 1996, of India.

\n\n\t\t\t

 

\n\n\t\t\t

3.      Substitute Arbitrators.  If for any reason an arbitrator is unable to perform his/her function, a substitute shall be appointed in the same manner as the original arbitrator.

\n\n\t\t\t

 

\n\n\t\t\t

4.       Nationality and Qualifications of Arbitrators.  The sole arbitrator or the third arbitrator appointed pursuant to paragraphs 1(a) through 1(c) above shall be a recognized legal or technical expert with extensive experience in relation to the matter in dispute.

\n\t\t\t
 \n\t\t\t

5.      Miscellaneous.  In any arbitration proceeding hereunder:

\n\n\t\t\t

 

\n\n\t\t\t

(a)     proceedings shall, unless otherwise agreed by the Parties, be held in the city where the contract is signed;

\n\n\t\t\t

(b)     the English language shall be the official language for all purposes;

\n\n\t\t\t
    \n\t\t\t\t
  1. the decision of the sole arbitrator or of a majority of the arbitrators (or of the third arbitrator if there is no such majority) shall be final and binding and shall be enforceable in any court of competent jurisdiction, and the Parties hereby waive any objections to or claims of immunity in respect of such enforcement.
    2. \n\t\t\t\t
  2. Where the value of the contract is Rs.50 million and below, the disputes or differences arising shall be referred to the Sole Arbitrator. The Sole Arbitrator should be appointed by agreement between the parties; failing such agreement, by the appointing authority, namely the Indian Council of Arbitration/President of the Institution of Engineers (India)/The International Centre for Alternative Disputes Resolution (India)*.
    3. \n\t\t\t\t
  3. The Arbitrator should give final award within……… days of starting of the proceedings [indicate the days (Between 120-180) by which arbitrator should give award].
    4. \n\t\t\t\t
  4. Performance under the contract shall continue during the arbitration proceedings and payments due to the consultant by the Client shall not be withheld, unless they are the subject matter of the arbitration proceedings.
    5. \n\t\t\t
\n\n\t\t\t

 

\n\n\t\t\t

* Choose one alternative. Insert Chairman of the Executive Committee of the Indian Roads Congress (for highway project) or any other appropriate institution (for other types of consultancies).

\n\n\t\t\t

Alternatively

\n\n\t\t\t

[Apart from the adhoc arbitration services obtained through mutually agreed Arbitrator(s) as above, Institutional arbitration services are also available in India. Institutional arbitration (and mediation) dispute resolution mechanisms can be gainfully used, preferably for relatively larger contracts. Following clause may be included, if it is decided to use Institutional Services for arbitration for resolution of disputes, and in such a case other clauses related to Arbitration/ Arbitrator would be deleted. In the sample clause below, substitute the reference to ‘Rules of Domestic Commercial Arbitration of the Indian Council of Arbitration’ by the specific institution that is sought to be engaged e.g. The International Centre for Alternative Dispute Resolution (ICADR), The Indian Institute of Arbitration and Mediation (IIAM), Indian Chamber’s Council of Arbitration, Delhi International Arbitration Centre (DAC), Construction Industry Arbitration Council (CIAC), Council For National and International Commercial Arbitration, London Court of International Arbitration (India Centre) or the like.]

\n\n\t\t\t

"Any dispute or difference whatsoever arising between the parties out of or relating to the construction, meaning, scope, operation or effect of this contract or the validity or the breach thereof shall be settled by arbitration in accordance with the Rules of Domestic Commercial Arbitration of the Indian Council of Arbitration and the award made in pursuance thereof shall be binding on the parties.

\n\n\t\t\t

 

\n\n\t\t\t

The arbitral tribunal shall consist of 3 Arbitrators, arbitration proceedings shall be held at__________, India and the language of the arbitration proceedings and that of all documents and communications between the parties shall be English”. [ICA rules provide for arbitration tribunal of 3 arbitrators if the value of claim is over Rs 10 Million unless the parties have agreed otherwise for a sole arbitrator].

\n\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n

Appendices

\n\n

Appendix A – Terms of Reference

\n\n

 

\n\n

[This Appendix shall include the final Terms of Reference (TORs) worked out by the Client and the Consultant during the negotiations; dates for completion of various tasks; location of performance for different tasks; detailed reporting requirements and list of deliverables against which the payments to the Consultant will be made; Client’s input, including counterpart personnel assigned by the Client to work on the Consultant’s team; specific tasks or actions that require prior approval by the Client.

\n\n

 

\n\n

Insert the text based on the Section 7 (Terms of Reference) of the ITC in the RFP and modified based on the Forms TECH-1 through TECH-5 of the Consultant’s Proposal. Highlight the changes to Section 7 of the RFP]

\n\n

 

\n\n

………………………………………………………………………………………………

\n\n

 

\n\n

 

\n\n

Appendix B - Key Experts

\n\n

 

\n\n

[Insert a table based on Form TECH-6 of the Consultant’s Technical Proposal and finalized at the Contract’s negotiations. Attach the CVs (updated and signed by the respective Key Experts) demonstrating the qualifications of Key Experts.]

\n\n

 

\n\n

 

\n\n

……………………………………………………………………………………………………

\n\n

 

\n\n

 

\n\n

Appendix C – Breakdown of Contract Price

\n\n

 

\n\n

[Insert the table with the unit rates to arrive at the breakdown of the lump-sum price. The table shall be based on [Form FIN-3 and FIN-4] of the Consultant’s Proposal and reflect any changes agreed at the Contract negotiations, if any. The footnote shall list such changes made to [Form FIN-3 and FIN-4] at the negotiations or state that none has been made.]

\n\n

 

\n\n

When the Consultant has been selected under Quality-Based Selection method, also add the following:

\n\n

 

\n\n

“The agreed remuneration rates shall be stated in the attached Model Form I. This form shall be prepared on the basis of Appendix A to Form FIN-3 of the RFP “Consultants’ Representations regarding Costs and Charges” submitted by the Consultant to the Client prior to the Contract’s negotiations.

\n\n

 

\n\n

 Should these representations be found by the Client (either through inspections or audits pursuant to Clause GCC 25.2 or through other means) to be materially incomplete or inaccurate, the Client shall be entitled to introduce appropriate modifications in the remuneration rates affected by such materially incomplete or inaccurate representations.  Any such modification shall have retroactive effect and, in case remuneration has already been paid by the Client before any such modification, (i) the Client shall be entitled to offset any excess payment against the next monthly payment to the Consultants, or (ii) if there are no further payments to be made by the Client to the Consultants, the Consultants shall reimburse to the Client any excess payment within thirty (30) days of receipt of a written claim of the Client.  Any such claim by the Client for reimbursement must be made within twelve (12) calendar months after receipt by the Client of a final report and a final statement approved by the Client in accordance with Clause GCC 46.2.3 of this Contract.”]

\n\n

 

\n\n

Model Form I

\n\n

Breakdown of Agreed Fixed Rates in Consultant’s Contract

\n\n

 

\n\n

We hereby confirm that we have agreed to pay to the Experts listed, who will be involved in performing the Services, the basic fees and away from the home office allowances (if applicable) indicated below:

\n\n

 

\n\n

(Expressed in Rs.)

\n\n

 

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
\n\t\t\t

Experts

\n\t\t\t		\n\t\t\t

1

\n\t\t\t		\n\t\t\t

2

\n\t\t\t		\n\t\t\t

3

\n\t\t\t		\n\t\t\t

4

\n\t\t\t		\n\t\t\t

5

\n\t\t\t		\n\t\t\t

6

\n\t\t\t		\n\t\t\t

7

\n\t\t\t		\n\t\t\t

8

\n\t\t\t
\n\t\t\t

Name

\n\t\t\t		\n\t\t\t

Position

\n\t\t\t		\n\t\t\t

Basic Remuneration rate per Working Month/Day/Year

\n\t\t\t		\n\t\t\t

Social Charges1

\n\t\t\t		\n\t\t\t

Overhead1

\n\t\t\t		\n\t\t\t

Subtotal

\n\t\t\t		\n\t\t\t

Profit2

\n\t\t\t		\n\t\t\t

Away from Home Office Allowance

\n\t\t\t		\n\t\t\t

Agreed Fixed Rate per Working Month/Day/Hour

\n\t\t\t		\n\t\t\t

Agreed Fixed Rate per Working Month/Day/Hour1

\n\t\t\t
\n\t\t\t

Home Office

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

Work in the Client’s Country

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t		\n\t\t\t

 

\n\t\t\t
\n\n

 

\n\n

1                                                                                                                                                 Expressed as percentage of 1

\n\n

2                                                                                                                                                 Expressed as percentage of 4

\n\n

 

\n\n

 

\n\n

                                                                                                                                                                                   

\n\n

Signature                                                                                                         Date

\n\n

 

\n\n

Name and Title:                                                                     

\n\n

 

\n\n

Appendix D - Form of Advance Payments Guarantee

\n\n

[See Clause GCC 42.2.1 and SCC 46.2.1]

\n\n

 

\n\n

{Guarantor letterhead or SWIFT identifier code}

\n\n

 

\n\n

Bank Guarantee for Advance Payment

\n\n

 

\n\n

Guarantor: ___________________ [insert commercial Bank’s Name, and Address of Issuing Branch or Office]

\n\n

Beneficiary:   _________________ [insert Name and Address of Client]

\n\n

Date:   ____________[insert date]____

\n\n

ADVANCE PAYMENT GUARANTEE No.:      ___________[insert number]______

\n\n

We have been informed that ____________ [name of Consultant or a name of the Joint Venture, same as appears on the signed Contract] (hereinafter called "the Consultant") has entered into Contract No. _____________ [reference number of the contract] dated ___[insert date]_________ with the Beneficiary, for the provision of __________________ [brief description of Services] (hereinafter called "the Contract").

\n\n

Furthermore, we understand that, according to the conditions of the Contract, an advance payment in the sum of ___________ [insert amount in figures] (                       ) [amount in words] is to be made against an advance payment guarantee.

\n\n

At the request of the Consultant, we, as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding in total an amount of ___________ [amount in figures] (                       ) [amount in words][20]1 upon receipt by us of the Beneficiary’s complying demand  supported by the Beneficiary’s a written statement, whether in the demand itself or in a separate signed document accompanying or identifying the demand, stating that the Consultant is  in breach of its obligation under the Contract because the Consultant:

\n\n

 

\n\n

(a)        has failed to repay the advance payment in accordance with the Contract conditions, specifying the amount which the Consultant has failed to repay;

\n\n

(b)        has used the advance payment for purposes other than toward providing the Services under the Contract.

\n\n

It is a condition for any claim and payment under this guarantee to be made that the advance payment referred to above must have been received by the Consultant on their account number ___________ at _________________ [name and address of bank].

\n\n

The maximum amount of this guarantee shall be progressively reduced by the amount of the advance payment repaid by the Consultant as indicated in certified statements or invoices marked as “paid” by the Client which shall be presented to us.  This guarantee shall expire, at the latest, upon our receipt of the payment certificate or paid invoice indicating that the Consultant has made full repayment of the amount of the advance payment, or on the __ day of _[month]__________, [year]__,[21]2  whichever is earlier.  Consequently, any demand for payment under this guarantee must be received by us at this office on or before that date.

\n\n

 

\n\n

This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 revision, ICC Publication No. 758.

\n\n

 

\n\n

_____________________

\n\n

[signature(s)]

\n\n

 

\n\n

{Note:  All italicized text is for indicative purposes only to assist in preparing this form and shall be deleted from the final product.}

\n\n

 

\n\n

[1] [“loan agreement” term is used for IBRD loans; “financing agreement” is used for IDA credits; and “grant agreement” is used for Recipient-Executed Trust Funds administered by IBRD or IDA]

\n\n

[2] Similar assignment would cover at least one Environmental Impact Assessment Study for Sanitary Landfill Facility/ Common Solid Waste Management Facility /Hazardous Waste Management Facility /Bio-medical Waste Management Facility.

\n\n

 

\n\n

[3]      For the avoidance of doubt, a sanctioned party’s ineligibility to be awarded a contract shall include, without limitation, (i) applying for pre-qualification, expressing interest in a consultancy, and bidding, either directly or as a nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider, in respect of such contract, and (ii) entering into an addendum or amendment introducing a material modification to any existing contract.

\n\n

[4]      A nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider (different names are used depending on the particular bidding document) is one which has been: (i) included by the bidder in its pre-qualification application or bid because it brings specific and critical experience and know-how that allow the bidder to meet the qualification requirements for the particular bid; or (ii) appointed by the Borrower. 

\n\n

[5]      Inspections in this context usually are investigative (i.e., forensic) in nature.  They involve fact-finding activities undertaken by the Bank or persons appointed by the Bank to address specific matters related to investigations/audits, such as evaluating the veracity of an allegation of possible Fraud and Corruption, through the appropriate mechanisms.  Such activity includes but is not limited to: accessing and examining a firm's or individual's financial records and information, and making copies thereof as relevant; accessing and examining any other documents, data and information (whether in hard copy or electronic format) deemed relevant for the investigation/audit, and making copies thereof as relevant; interviewing staff and other relevant individuals; performing physical inspections and site visits; and obtaining third party verification of information.

\n\n

[6] In case land is to be acquired, then the Revenue Department will carry out the Social Impact Assessment and prepare Social Management Plan which will be reviewed by the DPR or Independent Consultant to align with the requirements of the TDF-SMF and RPF and prepare the RAP.

\n\n

[7] While waste minimization (3Rs – Reduce, Reuse, Recycle) must be at the core of any sustainable SWM system, engineered landfill facilities are always necessary for safe disposal of rejects and other residual waste.

\n\n

[8]Each time a subproject impacts (positively and/or adversely) Scheduled Tribe then TDP will be prepared and Free Prior Informed Consultation will be carried out as described in this Annexure III.

\n\n

 

\n\n

[10]Whether the clearance will be from center or the State will be identified only once the project is submitted to SEAC for issuance of detailed ToR

\n\n

[11]Note:  Social assessment doesn’t need clearance from EAC

\n\n

[12] The livelihood action plan will be based on an assessment of all those dependent on the site including ragpickers.

\n\n

[13] Guidance document for assessment and remediation of contaminated sites in India

\n\n

[14] Follow the Tribal Development Framework-Social management Framework (TDF-SMF) to prepare the SMP.

\n\n

[15] Follow the Resettlement Policy Framework of the KSWMP to prepare the Resettlement Action Plan

\n\n

[16] Follow the Tribal Development Framework-Social management Framework (TDF-SMF) to prepare the TDP.

\n\n

 

\n\n

[17]     For the avoidance of doubt, a sanctioned party’s ineligibility to be awarded a contract shall include, without limitation, (i) applying for pre-qualification, expressing interest in a consultancy, and bidding, either directly or as a nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider, in respect of such contract, and (ii) entering into an addendum or amendment introducing a material modification to any existing contract.

\n\n

[18]     A nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider (different names are used depending on the particular bidding document) is one which has been: (i) included by the bidder in its pre-qualification application or bid because it brings specific and critical experience and know-how that allow the bidder to meet the qualification requirements for the particular bid; or (ii) appointed by the Borrower. 

\n\n

[19]     Inspections in this context usually are investigative (i.e., forensic) in nature.  They involve fact-finding activities undertaken by the Bank or persons appointed by the Bank to address specific matters related to investigations/audits, such as evaluating the veracity of an allegation of possible Fraud and Corruption, through the appropriate mechanisms.  Such activity includes but is not limited to: accessing and examining a firm's or individual's financial records and information, and making copies thereof as relevant; accessing and examining any other documents, data and information (whether in hard copy or electronic format) deemed relevant for the investigation/audit, and making copies thereof as relevant; interviewing staff and other relevant individuals; performing physical inspections and site visits; and obtaining third party verification of information.

\n\n

[20]1           The Guarantor shall insert an amount representing the amount of the advance payment and denominated either in the currency(ies) of the advance payment as specified in the Contract, or in a freely convertible currency acceptable to the Client.

\n\n

[21]2           Insert the expected expiration date. In the event of an extension of the time for completion of the Contract, the Client would need to request an extension of this guarantee from the Guarantor.  Such request must be in writing and must be made prior to the expiration date established in the guarantee. In preparing this guarantee, the Client might consider adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months][one year], in response to the Client’s written request for such extension, such request to be presented to the Guarantor before the expiry of the guarantee.”

"},{"id":"OP00221106","notice_type":"Request for Expression of Interest","noticedate":"29-Mar-2023","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2023-04-11T00:00:00Z","submission_deadline_time":"12:00","project_ctry_name":"St Maarten","project_id":"P172753","project_name":"FOSTERING RESILIENT LEARNING PROJECT","bid_reference_no":"SX-NRPB-MG-349296-CS-INDV","bid_description":"Learning Assessment Consultant - relaunched","procurement_group":"CS","procurement_method_code":"INDV","procurement_method_name":"Individual Consultant Selection","contact_address":"Walter Nisbeth Road 57\nPhilipsburg, St, Maarten","contact_ctry_name":"St Maarten","contact_email":"r.laville@nrpbsxm.org","contact_name":"Romain Laville","contact_organization":"National Recovery Program Bureau","contact_phone_no":"+1(721) 542-8886","contact_web_url":"https://nrpbsxm.org/","submission_date":"2023-03-29T00:00:00Z","notice_text":"

National Recovery Program Bureau

 

Terms of Reference

               For

A support consultant to support the implementation of the first EGRA/EGMA learning assessment

 

 

  1. Background

 

Following the devastation caused by the hurricanes Irma and Maria, the Government of Sint Maarten prepared a consolidated National Recovery and Resilience Plan (NRRP) that prioritizes immediate, short-, medium- and long-term needs for the recovery, reconstruction, and resilience of Sint Maarten. This Plan includes estimates of the financial requirements, costs, and investments that are necessary to rebuild Sint Maarten.

 

In April 2018, to support rapid and sustainable recovery from Hurricane Irma, the Government of the Netherlands established the Sint Maarten Recovery, Reconstruction and Resilience Trust Fund (SXM TF) for up to EUR470 million to be managed by the World Bank.[1] Since July 2018, the SXM TF, governed by a Steering Committee composed of representatives from the Government of Sint Maarten, the Netherlands and the World Bank, has been implementing selected activities in support of recovery, reconstruction, and resilience under the framework of the Sint Maarten National Recovery and Resilience Plan (NRRP). These activities are chiefly implemented by the National Recovery Program Bureau (NRPB). The proposed Fostering Resilient Learning Project (FRLP) aims to contribute to the SXM TF’s overall objective of resilient reconstruction

  1. National Recovery Program Bureau

 

In parallel to the establishment of the Trust Fund and the execution of the NRRP, the Government of Sint Maarten developed an institutional structure for the implementation of Trust Fund financed projects. This structure is materialized in the National Recovery Program Bureau (NRPB) and serves as the Project Implementation Unit (PIU) for Trust Fund projects for which the Government of Sint Maarten enters into a Grant Agreement.

 

In its capacity of PIU, NRPB works closely together with the line Ministries in the preparation, coordination, execution, and evaluation of the Trust Fund projects. In addition, the NRPB will be responsible for all reporting and fiduciary responsibilities towards the World Bank.

 

  1. Education system challenges

 

Relative to its size, Sint Maarten’s education system is highly fragmented in terms of governance and language of instruction. The Ministry of Education, Culture and Youth (MECYS) records 22 primary schools in Sint Maarten,[2] including seven public schools, eleven schools subsidized by the Government and managed by four religious-based school boards,[3] and four unsubsidized private schools. The seven public schools include a Special Education Elementary School (Prins Willem Alexander School), which welcomes students with physical and/or mental disabilities. The yearly subsidies that subsidized schools receive (contractually) from the Government are based on National Subsidy Ordinances.[4] Thirteen schools (seven public and six subsidized schools) use English as their primary language of instruction, while the remaining four schools use Dutch. At the conclusion of Grade 6, all Sint Maarten students (including those attending unsubsidized schools) take the Foundation-Based Education (FBE) exam,[5] which serves as a common base to evaluate the performance of all students. In addition, there are 6 secondary schools (including vocational training schools); 37 daycare centers (0 to 4 years); 20 schools/community centers offering after-school activities; and two tertiary education institutes, (PAD).

 

High repetition and social promotion rates[6] relative to both OECS and OECD countries[7] indicate risks of poor learning. Better data, including learning outcome data, are needed for MECYS to analyze how its repetition and tracking policies contribute to negative outcomes for students from less advantaged families and to important education outcome inequities: less-advantaged families are most likely to be asked to repeat grades, to be socially promoted, and to be tracked into less demanding vocational programs that limit their labor market options.[8] This lack of data and its use for policy analysis further compounds the decrease in access to quality learning environments and in equity and inclusiveness caused by the hurricane, as well as the learning and equity challenges that have arisen from uneven student access and affinity for distance learning during the COVID-19 lock down.

 

The lack of an integrated Ministry Management Information System prevents timely reporting on students and learning, as well as financial and administrative monitoring, hampering efficiency of decision-making processes in the education system. This also hampers MECYS in assessing how efficiently, effectively, and equitably it is spending its resources. Further, internationally comparable learning outcome data are not available as the country has not participated in any international large-scale assessments of learning outcomes.  Similarly, the country does not organize any type of national learning assessment to monitor learning progress. A strong MMIS would support short- and long-term informed policy planning, based on meaningful data, and improve the overall governance, performance, accountability, and resilience of the sectors that MECYS oversees. Regarding the Education sector specifically, the lack of an integrated MMIS prevents timely reporting on enrollment, on learning outcomes as well as on financial and administrative monitoring.

  1. The Project: Fostering Resilient Learning Project

 

The Project includes five components: (i) Restoring Access to Adequate and Inclusive Education; (ii) Restoring Access to a Community Learning and Cultural Environment; (iii) Strengthening the Ministry’s Management Information System; (iv) Project Management; and (v) Contingent Emergency Response. The Contingent Emergency Response Component (CERC) will not have a funding allocation but will allow for a prompt reallocation of resources in case of an eligible emergency.

 

Component 1 aims to restore access to adequate and inclusive learning environments by rebuilding two primary schools damaged beyond repair by Hurricane Irma in the Middle Region and Cole Bay district. Component 2 aims to restore access to a cultural and community environment through the reconstruction of the Philipsburg Jubilee Library (PJL). The Project will finance the reconstruction of the Library, which will take place on the current site of the damaged building, and demolition will be needed to clear the way for construction. Component 3 aims to build a Ministry’s Management Information System (MMIS) for better management of the education, culture, youth, and sport sectors. Component 4 finances project management and coordination, and Component 5 is a Contingency Emergency Response Component, that can be triggered following a natural disaster or emergency.

 

To compensate for the absence of information on learning outcomes in the country, the Project will support the design and implementation of a basic learning outcome assessment exercise. This activity will allow the development of a specific section of the MMIS Standard Operating Procedures (SOP) dedicated to learning assessments. The Project will support technical assistance to guide the design, implementation, and analysis of the assessment. By providing accurate and disaggregated data on quality of education in the country, this activity will contribute to developing evidence-based policy making, influence teaching and learning practices, and, in turn, to improving human capital outcomes in the country. The Project will support technical assistance to guide the design, the implementation, and the analysis of the assessment, and support costs related to the implementation of the activity.

 

The Component will finance the costs related to technical assistance for the preparation of the diagnostic, the MMIS strategy, and the preparation of the SOP. The component will also finance key stakeholders training on the use of the new MMIS. Technical assistance will also be provided on the design, implementation, and results dissemination of the learning assessment pilot. Finally, the component will finance ICT equipment and MMIS-related communication and dissemination campaigns.

 

The Fostering Resilient Learning Project (FRLP) has linkages to several other Trust Fund financed projects, such as the:

 

 

  1. Towards an EGRA/EGMA learning assessment survey

In July 2022, MECYS drafted a learning assessment framework to introduce standardized assessments in the Primary and Secondary Cycle in St. Maarten. The objectives of introducing these standardized assessments are:

 

Early academic skills in literacy and numeracy are the strongest indicators of future academic achievement and student success in later years (Hanover Research, 2016). For this reason, it is important for countries, governments, schools, and teachers to have a solid idea of the level of their students to guarantee their performance, and thus later success. One option to do so, is to utilize (international) standardized learning assessments or tests.

 

MECYS decided to implement an Early Grade Reading Assessment (EGRA) / Early Grade Mathematics Assessment (EGMA) learning assessment survey in 2022/2023 in primary.

 

The EGRA and EGMA have been elected for the initial implementation of the introduction of a standardized assessment within the early years in Primary Education.  The assessments can be conducted in various study years during Primary Education. Group 3 (grade 1 of primary) has been selected for the initial implementation on Sint Maarten. Details of the methodology in conducting EGRA and EGMA, can be found on web address: https://pdf.usaid.gov/pdf_docs/PA00M4TN.pdf.

 

In SMX, EGRA/EGMA can be used to generate data at pupil level: individual data on basic competencies in literacy and numeracy for all grade 1 pupils and to help teachers identify pupils lagging behind and remediate the situation.

All students in the grade 1must be assessed at the same time(s) during the school year. The proposed period is March of the academic year (second trimester). The EGRA and EGMA will be conducted every other year.

At this stage, a detailed concept note has been produced containing all the parameters of the EGRA/EGMA survey.

  1. Institutional and Implementation Arrangements

 

The NRPB is the recipient and implementation unit of the FRLP Project.

 

MECYS will be responsible for making timely policy decisions and providing oversight and technical inputs during project design and implementation.

 

The Division of Exams will be the information managers/owners of EGRA and EGMA results. This division is the most appropriate entity within the Ministry of Education, Culture, Youth and Sport to archive the data collected by both the EGRA and EGMA, given their core tasks as outlined in the Organisatiebesluit. Furthermore, the division is knowledgeable in analyzing test data and having it reflected in necessary reports, for example the FBE Exit Exam Reports.

 

In addition, as the Division of Exams will be fully involved in conducting the EGRA and EGMA, said division will have best insights in determining capacity-building needs. Therefore, it must maintain every opportunity to flag capacity-building requirements and must be allowed to undertake them to ensure the best quality/highest possible standard of EGRA and EGMA conducted in Sint Maarten. Moreover, as the digital era continues to grow and develop all technological tools, for conducting the EGRA and EGMA must be awarded to the Division of Exams, (Learning assessment framework).

 

  1. Objectives

 

The consultant expert in early grade instruction will support the MECYS’ team, in close collaboration with an international consultant, in the implementation of the first EGRA/EGMA in Sint Maarten. Activities to carry out will include, but not limited to, data analysis and interpretation, support in drafting  EGRA/EGMA assessment reports, and support in the development of a remedial strategy based on the assessment results. The remedial strategy will include: i. remedial recommendations; ii. mechanisms and methods of remedial implementation; iii. remedial implementation plan and; iv. capacity building activities to ensure MECYS will be able to conduct similar activities on their own in the future.

 

In most EGRA/EGMA studies, aggregate results are compiled into a global report but do not produce data for each individual pupil, and  school. However, EGRA and more generally oral fluency tests are commonly designed originally to identify pupils the foundational reading skills of each individual learner and support remediation strategies to support those that need have not fully acquired the basic reading skills to learn.

 

In Sint Maarten, there is a conducive context to do so because:

 

Hence, the project aims to producing both pupils level information and a plan for remediation according to the different types of pupil’s proficiency levels in literacy and numeracy, and an aggregate report with overall results.

 

The study will not tell exactly what can be done by the parents and teachers for each situation, but will categorize pupils into different proficiency levels and propose solutions depending on what they know and can do (for example, pupils who can decode but have low reading fluency , pupils struggling with subtraction, etc.).

 

  1. Key Duties and Responsibilities

 

While the international consultant will focus exclusively on the data collection, training and data analysis, the support consultant will mobilize its pedagogical skills and EGRA/EGMA experience to also assist in the reporting phase and the remediation plan, which will be his/her core task. The consultant will work closely with the international consultant, the MECYS, NRPB and the WB to deliver the following: (level of effort and deliverables are detailed in the table below):

 

 

Reading

Maths :

 

Final EGRA/EGMA results /global report

 

The consultant will ensure that EGRA/EGMA standards for reporting are followed. That means documenting properly the methodology used (already partially documented in the concept note), ensuring EGRA/EGMA the indicators are properly calculated, reported in tables/graphs, and interpreted with recommendations for policymakers and other stakeholders.

 

The international consultant will support MECYS to conduct the EGRA/EGMA and contextual data analysis (remotely and on spot). The support consultant will not participate in the statistical data analysis but will be mobilized for the interpretation of findings during a joint mission with the international consultant 5 days. It is expected that the support consultant will provide capacity building activities to MECYS to help staff interpret the assessment analyses and results. This mission would produce the key findings from the EGRA/EGMA study at aggregate levels.

 

 

 

  1. Deliverables and level of effort for each task

 

#

Title

Description

Level of effort

Indicative Timing

% of contract

N°1

Inception Report

Methodology and work Plan

5 days

April (Middle)

10%

N°2

Performance standards settings and Template for reporting on pupils

Standards setting for each key ability; Details the standards and the performance pupils and level

10 days

April (Middle to end)

20%

N°3

Training report on data interpretation

Joint mission with the international consultant

5 days on spot

May (early)

10%

N°4

Final EGRA/EGMA report

Report including data interpretation and recommendations for remediation

10 days

May (third week)

20%

N°5

Remediation plan

Remediation plan for school managers and teachers and will describe the measures to be taken and presentation of the remediation plan to: i. MECYS including SG and Minister; ii. Schools boards and schools managers.

20 days

June (Middle)

40%

 

 

Total

50 days

 

 

 

The total number of days is expected to be 50 days of effort, of which 5 days on spot. The consultant is expected to travel to Sint Maarten 5 days (one mission) to build capacity on report writing. Additional travel days to SM may be required depending on the needs of the MECYS. The data collection will be performed in March 2023, followed by the statistical data analysis and result dissemination activities. The work would end in July 2023.

 

 

  1. Qualification requirements

 

Requirements

 

 

General Competencies

 

  1. Contract arrangements

 

The consultant will be hired by the NRPB for a period of 12 months and is expected to work 50 Working days in total including minimum 5 days in Philipsburg, Sint Maarten (one mission). The TOR can be revised, and the contract can be extended on the basis of needs and satisfactory performance.

 

The travel and mission costs will be taken in charge by NRPB.

The consultant will be under the direct supervision of the FRLP Project Manager and the MECYS Project Coordinator and MECYS Division of Examination for this operation.

 

Further information can be obtained via email to procurement@nrpbsxm.org. Please state the assignment title in the subject line: “Learning Assessment Consultant SX-NRPB-MG-349296-CS-INDV”

 

Interested Candidates can send their Expressions of Interest in English by email ONLY to procurement@nrpbsxm.org by or before Tuesday April 11, 2023, @ 12h00 AST. In the subject line, please state, “Learning Assessment Consultant SX-NRPB-MG-349296-CS-INDV”

 

 

[

"},{"id":"OP00218977","notice_type":"Request for Expression of Interest","noticedate":"16-Mar-2023","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2023-04-03T00:00:00Z","submission_deadline_time":"16:00","project_ctry_name":"India","project_id":"P168633","project_name":"Kerala Solid Waste Management Project","bid_reference_no":"IN-SUCM -344056-CS-QCBS","bid_description":"Communication Agency to drive the Mass Media Campaign and Digital Media Campaign for all IEC Initiatives","procurement_group":"CS","procurement_method_code":"QCBS","procurement_method_name":"Quality And Cost-Based Selection","contact_address":"Swaraj Bhavan\nNanthancodu, Kowdiar\nThiruvananthapuram 695 003","contact_ctry_name":"India","contact_email":"adeelaabdullaias@gmail.com","contact_name":"Adeela Abdulla IAS","contact_organization":"Suchitwa Mission (State PMU)","contact_phone_no":"8848678982","contact_web_url":"www.sanitation.kerala.gov.in","submission_date":"2023-03-16T00:00:00Z","notice_text":"

Direct RFP for the Selection of Communications Consultants for KSWMP

RFP No.: IN-SUCM -344056-CS-QCBS



 

Consulting Services for: 

Selection of Communications Consultants for KSWMP


 

Client: KERALA SOLID WASTE MANAGEMENT PROJECT (KSWMP)

LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT OF KERALA

 

Country: INDIA





 

Issued on: February 25, 2022

TABLE OF CONTENT

 

PART I 3

Section 1. Letter of Invitation 3

Section 2. Instructions to Consultants and Data Sheet 5

Section 3.  Technical Proposal – Standard Forms 47

Section 4.  Financial Proposal - Standard Forms 61

Section 5.  Eligible Countries 71

Section 6.  Fraud and Corruption 73

Section 7.  Terms of Reference 75

PART II 95

Section 8. Conditions of Contract and Contract Forms 95

 

 

Letter of Invitation

Consulting Services


 

Name of Assignment: Selection of Communications Consultants for KSWMP

RFP Reference No.: IN-SUCM -344056-CS-QCBS

Loan No./Credit No./ Grant No.: IBRD-P4960

Location and Date: Thiruvananthapuram, Kerala, India

Date 25 February 2023

 

Dear Mr. /Ms.:

 

  1. The Government of Kerala through Government of India (hereinafter called “Borrower”) has received financing from the International Bank for Reconstruction and Development (IBRD) (the “Bank”) in the form of a “loan” (hereinafter called “loan” toward the cost of the KERALA SOLID WASTE MANAGEMENT PROJECT (KSWMP). The Kerala Solid Waste Management Project (KSWMP), Local Self Government Department, Government of Kerala, an implementing agency of the Client, intends to apply a portion of the proceeds of this loan to eligible payments under the contract for which this Request for Proposals is issued.

  2. The Kerala Solid Waste Management Project (KSWMP)now invites online proposals to provide the following consulting services (hereinafter called “Services”): “Selection of Communications Consultants for KSWMP”.  More details on the Services are provided in the Terms of Reference (Section 7).

  3. A firm will be selected under Quality-cum-Cost Based Selection (QCBS) procedures and in a Full Technical Proposal (FTP) format as described in this RFP, in accordance with the Bank’s “Procurement Regulations for IPF Borrowers” Fourth Edition November 2020 (“Procurement Regulations”), which can be found at the following website: www.worldbank.org

  4. The RFP includes the following documents:

Section 1 – Request for Proposals Letter

Section 2 - Instructions to Consultants and Data Sheet

Section 3 - Technical Proposal FTP - Standard Forms

Section 4 - Financial Proposal - Standard Forms

Section 5 – Eligible Countries

Section 6 – Fraud and Corruption

Section 7 - Terms of Reference

Section 8 - Standard Forms of Contract ([select: Time-Based or Lump-Sum])

  1. Details on the proposal’s submission date, time and address are provided in ITC 17.7 and ITC 17.9.

 

Yours sincerely,

 

Dr. Adeela Abdulla IAS

Project Director 

Address: 4th Floor, Trans Towers, Vazhuthacaud, 

Thiruvananthapuram -695014, Kerala, India 

Telephone: +91 471-2333011 

E-Mail: tenderkswmp@gmail.com;

Website: www.kswmp.org;



 

TABLE OF CONTENT

 

A.  General Provisions 7

1. Definitions 7

2. Introduction 9

3. Conflict of Interest 9

4. Unfair Competitive Advantage 11

5. Fraud and Corruption 11

6. Eligibility 11

B.  Preparation of Proposals 12

7. General Considerations 13

8. Cost of Preparation of Proposal 13

9. Language 13

10. Documents Comprising the Proposal 13

11. Only One Proposal 13

12. Proposal Validity 14

13. Clarification and Amendment of RFP 15

14. Preparation of Proposals Specific Considerations 15

15. Technical Proposal Format and Content 16

16. Financial Proposal 16

C.  Submission, Opening and Evaluation 17

17. Submission, Sealing, and Marking of Proposals 17

18. Confidentiality 18

19. Opening of Technical Proposals 19

20. Proposals Evaluation 19

21. Evaluation of Technical Proposals 19

22. Financial Proposals for QBS 20

23. Public Opening of Financial Proposals (for QCBS, FBS, and LCS methods) 20

24. Correction of Errors 21

25. Taxes 22

26. Combined Quality and Cost Evaluation 22

D.  Negotiations and Award 23

27. Negotiations 23

28. Conclusion of Negotiations 24

29. Notification of Award 24

30. Signing of Contract 25

31. Procurement Related Complaint 25

E.  Data Sheet 27

 

 

Instructions to Consultants

A.  General Provisions

  1. Definitions

  1. “Affiliate(s)” means an individual or an entity that directly or indirectly controls, is controlled by, or is under common control with the Consultant.

  2. “Applicable Law” means the laws and any other instruments having the force of law in the Client’s country, or in such other country as may be specified in the Data Sheet, as they may be issued and in force from time to time.

  3. “Bank” means the International Bank for Reconstruction and Development (IBRD) or the International Development Association (IDA).

  4. “Borrower” means the Government, Government agency or other entity that signs the [loan/financing/grant] agreement with the Bank.

  5. “Client” means the implementing agency that signs the Contract for the Services with the selected Consultant.

  6.  “Client’s Personnel” is as defined in Clause GCC 1.1 (e). 

  7. “Consultant” means a legally-established professional consulting firm or an entity that may provide or provides the Services to the Client under the Contract. 

  8. “Contract” means a legally binding written agreement signed between the Client and the Consultant and includes all the attached documents listed in its Clause 1 (the General Conditions of Contract (GCC), the Special Conditions of Contract (SCC), and the Appendices).

  9. “Data Sheet” means an integral part of the Instructions to Consultants (ITC) Section 2 that is used to reflect specific country and assignment conditions to supplement, but not to over-write, the provisions of the ITC.

  10. “Day” means a calendar day, unless otherwise specified as “Business Day”. A Business Day is any day that is an official working day of the Borrower. It excludes the Borrower’s official public holidays.

  11. “Experts” means, collectively, Key Experts, Non-Key Experts, or any other personnel of the Consultant, Sub-consultant or Joint Venture member(s).

  12. “Government” means the government of the Client’s country. 

  13. “in writing” means communicated in written form (e.g. by mail, e-mail, fax, including, if specified in the Data Sheet, distributed or received through the electronic-procurement system used by the Client) with proof of receipt.

  14. “Joint Venture (JV)” means an association with or without a legal personality distinct from that of its members, of more than one Consultant where one member has the authority to conduct all business for and on behalf of any and all the members of the JV, and where the members of the JV are jointly and severally liable to the Client for the performance of the Contract.

  15. “Key Expert(s)” means an individual professional whose skills, qualifications, knowledge and experience are critical to the performance of the Services under the Contract and whose CV is taken into account in the technical evaluation of the Consultant’s proposal.

  16. “ITC” (this Section 2 of the RFP) means the Instructions to Consultants that provides the Consultants with all information needed to prepare their Proposals.

  17. “Non-Key Expert(s)” means an individual professional provided by the Consultant or its Sub-consultant and who is assigned to perform the Services or any part thereof under the Contract and whose CVs are not evaluated individually.

  18. “Proposal” means the Technical Proposal and the Financial Proposal of the Consultant.

  19. “RFP” means the Request for Proposals to be prepared by the Client for the selection of Consultants, based on the SPD - RFP.

  20. “Services” means the work to be performed by the Consultant pursuant to the Contract.

  21. “SPD - RFP” means the Standard Procurement Document - Request for Proposals, which must be used by the Client as the basis for the preparation of the RFP.

  22. “Sub-consultant” means an entity to whom the Consultant intends to subcontract any part of the Services while the Consultant remains responsible to the Client during the whole performance of the Contract.

  23. “Terms of Reference (TORs)” (this Section 7 of the RFP) means the Terms of Reference that explains the objectives, scope of work, activities, and tasks to be performed, respective responsibilities of the Client and the Consultant, and expected results and deliverables of the assignment. 

  1. Introduction

  1. The Client named in the Data Sheet intends to select a Consultant from those listed in the Request for Proposals (RFP), in accordance with the method of selection specified in the Data Sheet. 

  2. The Consultants are invited to submit a Technical Proposal and a Financial Proposal, or a Technical Proposal only, as specified in the Data Sheet, for consulting services required for the assignment named in the Data Sheet. The Proposal will be the basis for negotiating and ultimately signing the Contract with the selected Consultant.

  3. The Consultants should familiarize themselves with the local conditions and take them into account in preparing their Proposals, including attending a pre-proposal conference if one is specified in the Data Sheet. Attending any such pre-proposal conference is optional and is at the Consultants’ expense. 

  4. The Client will timely provide, at no cost to the Consultants, the inputs, relevant project data, and reports required for the preparation of the Consultant’s Proposal as specified in the Data Sheet.

  1. Conflict of Interest 

  1. The Consultant is required to provide professional, objective, and impartial advice, at all times holding the Client’s interests paramount, strictly avoiding conflicts with other assignments or its own corporate interests, and acting without any consideration for future work.

  2. The Consultant has an obligation to disclose to the Client any situation of actual or potential conflict that impacts its capacity to serve the best interest of its Client. Failure to disclose such situations may lead to the disqualification of the Consultant or the termination of its Contract and/or sanctions by the Bank.

  3. Without limitation on the generality of the foregoing, the Consultant shall not be hired under the circumstances set forth below:

a.  Conflicting Activities

(i) Conflict between consulting activities and procurement of goods, works or non-consulting services: a firm that has been engaged by the Client to provide goods, works, or non-consulting services for a project, or any of its Affiliates, shall be disqualified from providing consulting services resulting from or directly related to those goods, works, or non-consulting services. Conversely, a firm hired to provide consulting services for the preparation or implementation of a project, or any of its Affiliates, shall be disqualified from subsequently providing goods or works or non-consulting services resulting from or directly related to the consulting services for such preparation or implementation. 

b.  Conflicting Assignments

(ii) Conflict among consulting assignments: a Consultant (including its Experts and Sub-consultants) or any of its Affiliates shall not be hired for any assignment that, by its nature, may be in conflict with another assignment of the Consultant for the same or for another Client.

c. Conflicting Relationships

(iii) Relationship with the Client’s staff: a Consultant (including its Experts and Sub-consultants) that has a close business or family relationship with a professional staff  of the Borrower (or of the Client, or of implementing agency, or of a recipient of a part of the Bank’s financing) who are directly or indirectly involved in any part of (i) the preparation of the Terms of Reference for the assignment, (ii) the selection process for the Contract, or (iii) the supervision of the Contract, may not be awarded a Contract, unless the conflict stemming from this relationship has been resolved in a manner acceptable to the Bank throughout the selection process and the execution of the Contract.

  1. Unfair Competitive Advantage

  1. Fairness and transparency in the selection process require that the Consultants or their Affiliates competing for a specific assignment do not derive a competitive advantage from having provided consulting services related to the assignment in question. To that end, the Client shall indicate in the Data Sheet and make available to all Consultants together with this RFP all information that would in that respect give such Consultant any unfair competitive advantage over competing Consultants.  

  1. Fraud and Corruption

  1. The Bank requires compliance with the Bank’s Anti-Corruption Guidelines and its prevailing sanctions policies and procedures as set forth in the WBG’s Sanctions Framework, as set forth in Section 6.

  2. In further pursuance of this policy, Consultants shall permit and shall cause their agents (where declared or not), subcontractors, subconsultants, service providers, suppliers, and personnel, to permit the Bank to inspect all accounts, records and other documents relating to any shortlisting process, Proposal submission, and contract performance (in the case of award), and to have them audited by auditors appointed by the Bank.

  1. Eligibility

  1. The Bank permits consultants (individuals and firms, including Joint Ventures and their individual members) from all countries to offer consulting services for Bank-financed projects.

  2. Furthermore, it is the Consultant’s responsibility to ensure that its Experts, joint venture members, Sub-consultants, agents (declared or not), sub-contractors, service providers, suppliers and/or their employees meet the eligibility requirements as established by the Bank in the applicable Procurement Regulations. 

  3. As an exception to the foregoing ITC 6.1 and ITC 6.2 above: 

a. Sanctions

  1. A Consultant that has been sanctioned by the Bank, pursuant to the Bank’s Anti-Corruption Guidelines and in accordance with its prevailing sanctions policies and procedures as set forth in the WBG’s Sanctions Framework as described in Section VI, Fraud and Corruption, paragraph 2.2 d., shall be ineligible to be shortlisted for, submit proposals for, or be awarded a Bank-financed contract or benefit from a Bank-financed contract, financially or otherwise, during such period of time as the Bank shall have determined. The list of debarred firms and individuals is available at the electronic address specified in the Data Sheet. 

b. Prohibitions

  1. Firms and individuals of a country or goods manufactured in a country may be ineligible if so indicated in Section 5 (Eligible Countries) and: 

(a) as a matter of law or official regulations, the Borrower’s country prohibits commercial relations with that country, provided that the Bank is satisfied that such exclusion does not preclude effective competition for the provision of Services required; or 

(b) by an act of compliance with a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, the Borrower’s Country prohibits any import of goods from that country or any payments to any country, person, or entity in that country.

c. Restrictions for State-Owned Enterprises

  1. State-owned enterprises or institutions in the Borrower’s country may be eligible to compete and be awarded a contract only if they can establish, in a manner acceptable to the Bank, that they: (i) are legally and financially autonomous, (ii) operate under commercial law, and (iii) are not under supervision of the Client.  

d. Restrictions for Public Employees

  1. Government officials and civil servants of the Borrower’s country are not eligible to be included as Experts, individuals, or members of a team of Experts in the Consultant’s Proposal unless: 

(i) the services of the government official or civil servant are of a unique and exceptional nature, or their participation is critical to project implementation; and

(ii) their hiring would not create a conflict of interest, including any conflict with employment or other laws, regulations, or policies of the Borrower.

B.  Preparation of Proposals

  1. General Considerations

  1. In preparing the Proposal, the Consultant is expected to examine the RFP in detail. Material deficiencies in providing the information requested in the RFP may result in rejection of the Proposal.

  1. Cost of Preparation of Proposal

  1. The Consultant shall bear all costs associated with the preparation and submission of its Proposal, and the Client shall not be responsible or liable for those costs, regardless of the conduct or outcome of the selection process. The Client is not bound to accept any proposal, and reserves the right to annul the selection process at any time prior to Contract award, without thereby incurring any liability to the Consultant.

  1. Language 

  1. The Proposal, as well as all correspondence and documents relating to the Proposal exchanged between the Consultant and the Client, shall be written in the language(s) specified in the Data Sheet.

  1. Documents Comprising the Proposal

  1. The Proposal shall comprise the documents and forms listed in the Data Sheet.

  2. If specified in the Data Sheet, the Consultant shall include a statement of an undertaking of the Consultant to observe, in competing for and executing a contract, the Client country’s laws against fraud and corruption (including bribery).

  3. The Consultant shall furnish information on commissions, gratuities, and fees, if any, paid or to be paid to agents or any other party relating to this Proposal and, if awarded, Contract execution, as requested in the Financial Proposal submission form (Section 4). 

  1. Only One Proposal

  1. The Consultant (including the individual members of any Joint Venture) shall submit only one Proposal, either in its own name or as part of a Joint Venture in another Proposal. If a Consultant, including any Joint Venture member, submits or participates in more than one proposal, all such proposals shall be disqualified and rejected. This does not, however, preclude a Sub-consultant, or the Consultant’s staff from participating as Key Experts and Non-Key Experts in more than one Proposal when circumstances justify and if stated in the Data Sheet.

  1. Proposal Validity

  1. Proposals shall remain valid until the date specified in the Data Sheet or any extended date if amended by the Client in accordance with ITC 13.1.1.

  2. During this period, the Consultant shall maintain its original Proposal without any change, including the availability of the Key Experts, the proposed rates and the total price. 

  3. If it is established that any Key Expert nominated in the Consultant’s Proposal was not available at the time of Proposal submission or was included in the Proposal without his/her confirmation, such Proposal shall be disqualified and rejected for further evaluation, and may be subject to sanctions in accordance with ITC 5. 

a. Extension of Proposal Validity

  1. The Client will make its best effort to complete the negotiations and award the contract prior to the date of expiry of the Proposal validity. However, should the need arise, the Client may request, in writing, all Consultants who submitted Proposals prior to the submission deadline to extend the Proposals’ validity. 

  2. If the Consultant agrees to extend the validity of its Proposal, it shall be done without any change in the original Proposal and with the confirmation of the availability of the Key Experts, except as provided in ITC 12.7.

  3. The Consultant has the right to refuse to extend the validity of its Proposal in which case such Proposal will not be further evaluated.

b. Substitution of Key Experts at Validity Extension 

  1. If any of the Key Experts become unavailable for the extended validity period, the Consultant shall seek to substitute another Key Expert. The Consultant shall provide a written adequate justification and evidence satisfactory to the Client together with the substitution request. In such case, a substitute Key Expert shall have equal or better qualifications and experience than those of the originally proposed Key Expert. The technical evaluation score, however, will remain to be based on the evaluation of the CV of the original Key Expert.

  2. If the Consultant fails to provide a substitute Key Expert with equal or better qualifications, or if the provided reasons for the replacement or justification are unacceptable to the Client, such Proposal will be rejected with the prior Bank’s no objection.

c. Sub-Contracting

  1. The Consultant shall not subcontract the whole of the Services.

  1. Clarification and Amendment of RFP 

  1. The Consultant may request a clarification of any part of the RFP during the period indicated in the Data Sheet before the Proposals’ submission deadline. Any request for clarification must be sent in writing, or by standard electronic means, to the Client’s address indicated in the Data Sheet. The Client will respond in writing, or by standard electronic means, and will send written copies of the response (including an explanation of the query but without identifying its source) to all Consultants. Should the Client deem it necessary to amend the RFP as a result of a clarification, it shall do so following the procedure described below: 

    1. At any time before the proposal submission deadline, the Client may amend the RFP by issuing an amendment in writing or by standard electronic means. The amendment shall be sent to all Consultants and will be binding on them. The Consultants shall acknowledge receipt of all amendments in writing. 

    2. If the amendment is substantial, the Client may extend the proposal submission deadline to give the Consultants reasonable time to take an amendment into account in their Proposals. 

  2.  The Consultant may submit a modified Proposal or a modification to any part of it at any time prior to the proposal submission deadline. No modifications to the Technical or Financial Proposal shall be accepted after the deadline.

  1. Preparation of Proposals Specific Considerations

  1. While preparing the Proposal, the Consultant must give particular attention to the following: 

    1. If a Consultant considers that it may enhance its expertise for the assignment by associating with other consultants in the form of a Joint Venture or as Sub-consultants, it may do so.  

    2. The Client may indicate in the Data Sheet the estimated Key Experts’ time input (expressed in person-month) or the Client’s estimated total cost of the assignment, but not both. This estimate is indicative and the Proposal shall be based on the Consultant’s own estimates for the same. 

    3. If stated in the Data Sheet, the Consultant shall include in its Proposal at least the same time input (in the same unit as indicated in the Data Sheet) of Key Experts, failing which the Financial Proposal will be adjusted for the purpose of comparison of proposals and decision for award in accordance with the procedure in the Data Sheet. 

    4. For assignments under the Fixed-Budget selection method, the estimated Key Experts’ time input is not disclosed. Total available budget, with an indication whether it is inclusive or exclusive of taxes, is given in the Data Sheet, and the Financial Proposal shall not exceed this budget.

  1. Technical Proposal Format and Content

  1. The Technical Proposal shall be prepared using the Standard Forms provided in Section 3 of the RFP and shall comprise the documents listed in the Data Sheet. The Technical Proposal shall not include any financial information. A Technical Proposal containing material financial information shall be declared non-responsive. 

  2. 15.1.1 Consultant shall not propose alternative Key Experts. Only one CV shall be submitted for each Key Expert position. Failure to comply with this requirement will make the Proposal non-responsive.

  3. Depending on the nature of the assignment, the Consultant is required to submit a Full Technical Proposal (FTP), or a Simplified Technical Proposal (STP) as indicated in the Data Sheet and using the Standard Forms provided in Section 3 of the RFP. 

  1. Financial Proposal

  1. The Financial Proposal shall be prepared using the    Standard Forms provided in Section 4 of the RFP. It shall list all costs associated with the assignment, including (a) remuneration for Key Experts and Non-Key Experts, (b) reimbursable expenses indicated in the Data Sheet. 

a. Price Adjustment 

  1. For assignments with a duration exceeding 18 months, a price adjustment provision for foreign and/or local inflation for remuneration rates applies if so stated in the Data Sheet.

b. Taxes

  1. The Consultant and its Sub-consultants and Experts are responsible for meeting all tax liabilities arising out of the Contract unless stated otherwise in the Data Sheet. Information on taxes in the Client’s country is provided in the Data Sheet.

c. Currency of Proposal 

  1. The Consultant may express the price for its Services in the currency or currencies as stated in the Data Sheet. If indicated in the Data Sheet, the portion of the price representing local cost shall be stated in the national currency. 

d. Currency of Payment

  1. Payment under the Contract shall be made in the currency or currencies in which the payment is requested in the Proposal.

C.  Submission, Opening and Evaluation

  1. Submission, Sealing, and Marking of Proposals

  1. The Consultant shall submit a signed and complete Proposal comprising the documents and forms in accordance with ITC 10 (Documents Comprising Proposal). Consultants shall mark as “CONFIDENTIAL” information in their Proposals which is confidential to their business. This may include proprietary information, trade secrets or commercial or financially sensitive information. The submission can be done by mail or by hand. If specified in the Data Sheet, the Consultant has the option of submitting its Proposals electronically. 

  2. An authorized representative of the Consultant shall sign the original submission letters in the required format for both the Technical Proposal and, if applicable, the Financial Proposal and shall initial all pages of both. The authorization shall be in the form of a written power of attorney attached to the Technical Proposal.

    1. A Proposal submitted by a Joint Venture shall be signed by all members so as to be legally binding on all members, or by an authorized representative who has a written power of attorney signed by each member’s authorized representative.

  3. Any modifications, revisions, interlineations, erasures, or overwriting shall be valid only if they are signed or initialed by the person signing the Proposal.

  4. The signed Proposal shall be marked “Original”, and its copies marked “Copy” as appropriate. The number of copies is indicated in the Data Sheet. All copies shall be made from the signed original. If there are discrepancies between the original and the copies, the original shall prevail.

  5. The original and all the copies of the Technical Proposal shall be placed inside a sealed envelope clearly marked “Technical Proposal”, “[Name of the Assignment]“, [reference number], [name and address of the Consultant], and with a warning “Do Not Open until [insert the date and the time of the Technical Proposal submission deadline].” 

  6. Similarly, the original Financial Proposal (if required for the applicable selection method) and its copies shall be placed inside of a separate sealed envelope clearly marked “Financial Proposal” “[Name of the Assignment], [reference number], [name and address of the Consultant]”, and with a warning “Do Not Open With The Technical Proposal.” 

  7. The sealed envelopes containing the Technical and Financial Proposals shall be placed into one outer envelope and sealed. This outer envelope shall be addressed to the Client and bear the submission address, RFP reference number, the name of the assignment, the Consultant’s name and the address, and shall be clearly marked “Do Not Open Before [insert the time and date of the submission deadline indicated in the Data Sheet]”.

  8. If the envelopes and packages with the Proposal are not sealed and marked as required, the Client will assume no responsibility for the misplacement, loss, or premature opening of the Proposal. 

  9. The Proposal or its modifications must be sent to the address indicated in the Data Sheet and received by the Client no later than the deadline indicated in the Data Sheet, or any extension to this deadline. Any Proposal or its modification received by the Client after the deadline shall be declared late and rejected, and promptly returned unopened.

  1. Confidentiality

  1. From the time the Proposals are opened to the time the Contract is awarded, the Consultant should not contact the Client on any matter related to its Technical and/or Financial Proposal. Information relating to the evaluation of Proposals and award recommendations shall not be disclosed to the Consultants who submitted the Proposals or to any other party not officially concerned with the process, until the Notification of Intention to Award the Contract. Exceptions to this ITC are where the Client notifies Consultants of the results of the evaluation of the Technical Proposals.

  2. Any attempt by Consultants or anyone on behalf of the Consultant to influence improperly the Client in the evaluation of the Proposals or Contract award decisions may result in the rejection of its Proposal, and may be subject to the application of prevailing Bank’s sanctions procedures.

  3. Notwithstanding the above provisions, from the time of the Proposals’ opening to the time of Contract award publication, if a Consultant wishes to contact the Client or the Bank on any matter related to the selection process, it shall do so only in writing.

  1. Opening of Technical Proposals

  1. The Client’s evaluation committee shall conduct the opening of the Technical Proposals in the presence of the Consultants’ authorized representatives who choose to attend (in person, or online if this option is offered in the Data Sheet). The opening date, time and the address are stated in the Data Sheet. The envelopes with the Financial Proposal shall remain sealed and shall be securely stored with a reputable public auditor or independent authority until they are opened in accordance with ITC 23. 

  2. At the opening of the Technical Proposals the following shall be read out: (i) the name and the country of the Consultant or, in case of a Joint Venture, the name of the Joint Venture, the name of the lead member and the names and the countries of all members; (ii) the presence or absence of a duly sealed envelope with the Financial Proposal; (iii) any modifications to the Proposal submitted prior to proposal submission deadline; and (iv) any other information deemed appropriate or as indicated in the Data Sheet.

  1. Proposals Evaluation

  1. Subject to provision of ITC 15.1, the evaluators of the Technical Proposals shall have no access to the Financial Proposals until the technical evaluation is concluded and the Bank issues its “no objection”, if applicable. 

  2. The Consultant is not permitted to alter or modify its Proposal in any way after the proposal submission deadline except as permitted under ITC 12.7. While evaluating the Proposals, the Client will conduct the evaluation solely on the basis of the submitted Technical and Financial Proposals. 

  1. Evaluation of Technical Proposals

  1. The Client’s evaluation committee shall evaluate the Technical Proposals on the basis of their responsiveness to the Terms of Reference and the RFP, applying the evaluation criteria, sub-criteria, and point system specified in the Data Sheet. Each responsive Proposal will be given a technical score. A Proposal shall be rejected at this stage if it does not respond to important aspects of the RFP or if it fails to achieve the minimum technical score indicated in the Data Sheet.

  1. Financial Proposals for QBS

  1. Following the ranking of the Technical Proposals, when the selection is based on quality only (QBS), the top-ranked Consultant is invited to negotiate the Contract.

  2. If Financial Proposals were invited together with the Technical Proposals, only the Financial Proposal of the technically top-ranked Consultant is opened by the Client’s evaluation committee. All other Financial Proposals are returned unopened after the Contract negotiations are successfully concluded and the Contract is signed.

  1. Public Opening of Financial Proposals (for QCBS, FBS, and LCS methods)

  1. After the technical evaluation is completed and the Bank has issued its no objection (if applicable), the Client shall notify those Consultants whose Proposals were considered non-responsive to the RFP and TOR or did not meet the minimum qualifying technical score, advising them the following:

  1. their Proposal was not responsive to the RFP and TOR or did not meet the minimum qualifying technical score;

  2. provide information relating to the Consultant’s overall technical score, as well as scores obtained for each criterion and sub-criterion;

  3. their Financial Proposals will be returned unopened after completing the selection process and Contract signing; and

  4. notify them of the date, time and location of the public opening of the Financial Proposals and invite them to attend.

  1. The Client shall simultaneously notify in writing those Consultants whose Proposals were considered responsive to the RFP and TOR, and that have achieved the minimum qualifying technical score, advising them the following:

  1. their Proposal was responsive to the RFP and TOR and met the minimum qualifying technical score;

  2. provide information relating to the Consultant’s overall technical score, as well as scores obtained for each criterion and sub-criterion;

  3. their Financial Proposal will be opened at the public opening of Financial Proposals; and

  4. notify them of the date, time and location of the public opening and invite them for the opening of the Financial Proposals.

  1. The opening date shall be no less than ten (10) Business Days from the date of notification of the results of the technical evaluation, described in ITC 23.1 and 23.2. However, if the Client receives a complaint on the results of the technical evaluation within the ten (10) Business Days, the opening date shall be subject to ITC 31.1. 

  2. The Consultant’s attendance at the opening of the Financial Proposals (in person, or online if such option is indicated in the Data Sheet) is optional and is at the Consultant’s choice. 

  3.  The Financial Proposals shall be opened publicly by the Client’s evaluation committee in the presence of the representatives of the Consultants and anyone else who chooses to attend. Any interested party who wishes to attend this public opening should contact the client as indicated in the Data Sheet. Alternatively, a notice of the public opening of Financial Proposals may be published on the Client’s website, if available. At the opening, the names of the Consultants, and the overall technical scores, including the break-down by criterion, shall be read aloud. The Financial Proposals will then be inspected to confirm that they have remained sealed and unopened. These Financial Proposals shall be then opened, and the total prices read aloud and recorded. Copies of the record shall be sent to all Consultants who submitted Proposals and to the Bank. 

  1. Correction of Errors

  1. Activities and items described in the Technical Proposal but not priced in the Financial Proposal, shall be assumed to be included in the prices of other activities or items, and no corrections are made to the Financial Proposal.

a. Time-Based Contracts

24.1.1 If a Time-Based contract form is included in the RFP, the Client’s evaluation committee will (a) correct any computational or arithmetical errors, and (b) adjust the prices if they fail to reflect all inputs included for the respective activities or items included in the Technical Proposal. In case of discrepancy between (i) a partial amount (sub-total) and the total amount, or (ii) between the amount derived by multiplication of unit price with quantity and the total price, or (iii) between words and figures, the former will prevail. In case of discrepancy between the Technical and Financial Proposals in indicating quantities of input, the Technical Proposal prevails and the Client’s evaluation committee shall correct the quantification indicated in the Financial Proposal so as to make it consistent with that indicated in the Technical Proposal, apply the relevant unit price included in the Financial Proposal to the corrected quantity, and correct the total Proposal cost.

b. Lump-Sum Contracts

24.1.2   If a Lump-Sum contract form is included in the RFP, the Consultant is deemed to have included all prices in the Financial Proposal, so neither arithmetical corrections nor price adjustments shall be made. The total price, net of taxes understood as per ITC 25, specified in the Financial Proposal (Form FIN-1) shall be considered as the offered price. Where there is a discrepancy between the amount in words and the amount figures, the amount in words shall prevail. 

  1. Taxes

  1. The Client’s evaluation of the Consultant’s Financial Proposal shall exclude taxes and duties in the Client’s country in accordance with the instructions in the Data Sheet.

  1. Combined Quality and Cost Evaluation

 

  1. Quality and Cost-Based Selection (QCBS)

  1. In the case of QCBS, the total score is calculated by weighting the technical and financial scores and adding them as per the formula and instructions in the Data Sheet. The Consultant with the Most Advantageous Proposal, which is the Proposal that achieves the highest combined technical and financial scores, will be invited for negotiations.

b. Fixed-Budget Selection (FBS)

  1. In the case of FBS, those Proposals that exceed the budget indicated in ITC 14.1.4 of the Data Sheet shall be rejected.

  2. The Client will select the Consultant with the Most Advantageous Proposal, which is the highest-ranked Technical Proposal that does not exceed the budget indicated in the RFP, and invite such Consultant to negotiate the Contract.

c. Least-Cost Selection

  1. In the case of Least-Cost Selection (LCS), the Client will select the Consultant with the Most Advantageous Proposal, which is the Proposal with the lowest evaluated total price among those Proposals that achieved the minimum qualifying technical score, and invite such a Consultant to negotiate the Contract.

D.  Negotiations and Award

  1. Negotiations

  1. The negotiations will be held at the date and address indicated in the Data Sheet with the Consultant’s representative(s) who must have written power of attorney to negotiate and sign a Contract on behalf of the Consultant. 

  2. The Client shall prepare minutes of negotiations that are signed by the Client and the Consultant’s authorized representative.

a. Availability of Key Experts

  1. The invited Consultant shall confirm the availability of all Key Experts included in the Proposal as a pre-requisite to the negotiations, or, if applicable, a replacement in accordance with ITC 12. Failure to confirm the Key Experts’ availability may result in the rejection of the Consultant’s Proposal and the Client proceeding to negotiate the Contract with the next-ranked Consultant. 

  2. Notwithstanding the above, the substitution of Key Experts at the negotiations may be considered if due solely to circumstances outside the reasonable control of and not foreseeable by the Consultant, including but not limited to death or medical incapacity. In such case, the Consultant shall offer a substitute Key Expert within the period of time specified in the letter of invitation to negotiate the Contract, who shall have equivalent or better qualifications and experience than the original candidate.

b. Technical Negotiations

  1. The negotiations include discussions of the Terms of Reference (TORs), the proposed methodology, the Client’s inputs, the special conditions of the Contract, and finalizing the “Description of Services” part of the Contract. These discussions shall not substantially alter the original scope of services under the TOR or the terms of the contract, lest the quality of the final product, its price, or the relevance of the initial evaluation be affected. 

c. Financial Negotiations

  1. The negotiations include the clarification of the Consultant’s tax liability in the Client’s country and how it should be reflected in the Contract. 

  2. If the selection method included cost as a factor in the evaluation, the total price stated in the Financial Proposal for a Lump-Sum contract shall not be negotiated. 

  3. In the case of a Time-Based contract, unit rates negotiations shall not take place, except when the offered Key Experts and Non-Key Experts’ remuneration rates are much higher than the typically charged rates by consultants in similar contracts. In such case, the Client may ask for clarifications and, if the fees are very high, ask to change the rates after consultation with the Bank. The format for (i) providing information on remuneration rates in the case of Quality Based Selection; and (ii) clarifying remuneration rates’ structure under this Clause, is provided in Appendix A to the Financial Form FIN-3: Financial Negotiations – Breakdown of Remuneration Rates.

  1. Conclusion of Negotiations

  1. The negotiations are concluded with a review of the finalized draft Contract, which then shall be initialed by the Client and the Consultant’s authorized representative. 

  2. If the negotiations fail, the Client shall inform the Consultant in writing of all pending issues and disagreements and provide a final opportunity to the Consultant to respond. If disagreement persists, the Client shall terminate the negotiations informing the Consultant of the reasons for doing so. After having obtained the Bank’s no objection, the Client will invite the next-ranked Consultant to negotiate a Contract. Once the Client commences negotiations with the next-ranked Consultant, the Client shall not reopen the earlier negotiations. 

  1. Notification of Award 

  1. Upon expiry of the Standstill Period, specified in ITC 30.1 or any extension thereof, and upon satisfactorily addressing any complaint that has been filed within the Standstill Period, the Client shall, send a notification of award to the successful Consultant, confirming the Client’s intention to award the Contract to the successful Consultant and requesting the successful Consultant to sign and return the draft negotiated Contract within eight (8) Business Days from the date of receipt of such notification.   If specified in the Data Sheet, the client shall simultaneously request the successful Consultant to submit, within eight (8) Business Days, the Beneficial Ownership Disclosure Form.

Contract Award Notice

Within ten (10) Business Days from the date of notification of award such request, the Client shall publish the Contract Award Notice which shall contain, at a minimum, the following information: 

  1. name and address of the Client;

  2. name and reference number of the contract being awarded, and the selection method used; 

  3. names of the consultants that submitted proposals, and their proposal prices as read out at financial proposal opening, and as evaluated; 

  4. names of all Consultants whose Proposals were rejected or were not evaluated, with the reasons therefor; 

  5. the name of the successful consultant, the final total contract price, the contract duration and a summary of its scope; and

  6. successful Consultant’s Beneficial Ownership Disclosure Form, if specified in Data Sheet ITC 32.1.

  1. The Contract Award Notice shall be published on the Client’s website with free access if available, or in at least one newspaper of national circulation in the Client’s Country, or in the official gazette. The Client shall also publish the contract award notice in UNDB online.

  1. Signing of Contract

  1. The Contract shall be signed prior to the expiry date of the Proposal validity and promptly after expiry of the Standstill Period, specified in ITC 30.1 or any extension thereof, and upon satisfactorily addressing any complaint that has been filed within the Standstill Period. 

  2. The Consultant is expected to commence the assignment on the date and at the location specified in the Data Sheet.

  1. Procurement Related Complaint

  1. The procedures for making a Procurement-related Complaint are as specified in the Data Sheet.


 

Section 2. Instructions to Consultants

E.  Data Sheet

 

ITC 

Reference

A. General

1 (m)

Electronic –Procurement System

The Client shall use the following electronic-procurement system to manage this Request for Proposal (RFP) process:

https://etenders.kerala.gov.in; 

The electronic-procurement system shall be used to manage the following part of the RFP process:

Issuing RFP and Corrigenda, if any; submissions of Proposals, opening of Proposals, publication of Evaluation outcome

2.1

Name of the Client: Kerala Solid Waste Management Project (KSWMP)

Method of selection: Quality-cum-Cost Based Selection (QCBS) as per 

the Procurement Regulations for IPF Borrowers Fourth Edition November 2020 (available on www.worldbank.org)

2.2

Financial Proposal to be submitted together with Technical Proposal:

Yes. 

The name of the assignment is: Selection of Communications Consultants for KSWMP

2.3

A pre-proposal conference will be held:  Yes   

Date & Mode of pre-proposal conference: March 06, 2023; Online

Time: 03.00 PM

Telephone: +91 471 2333 011 E-mail: tenderkswmp@gmail.com; 

Link for online pre-proposal conference will be shared by the Client on receipt of e-mail requests from interested Firms;  

Contact person / Conference coordinator: Thejus Thomas, IEC Expert

2.4

The Client will provide the following inputs, project data, reports, etc. to facilitate the preparation of the Proposals: 

The inputs that will be provided by the Client are all prior reports and deliverables of earlier communication consultant.

4.1

Not Applicable.

6.3.1

A list of debarred firms and individuals is available at the Bank’s external website: www.worldbank.org/debarr 

B. Preparation of Proposals

9.1

This RFP has been issued in the English language. 

Proposals shall be submitted in English language.

All correspondence exchange shall be in English language.

10.1

The Proposal shall comprise the following. The Technical and Financial Proposals shall be submitted online in the e-procurement system in separate folders: 

For FULL TECHNICAL PROPOSAL (FTP): 

The Technical Proposal comprising:

  1. Power of Attorney to sign the Proposal   

  2. TECH-1

  3. TECH-2

  4. TECH-3

  5. TECH-4

  6. TECH-5

  7. TECH-6

AND

The Financial Proposal comprising:

(1) FIN-1

(2) FIN-2

(3) FIN-3

(4) FIN-4

(5) FIN-5

(5) Statement of Undertaking (if required under Data Sheet 10.2 below)

10.2

Statement of Undertaking is required: Yes.

11.1

Participation of Sub-consultants, Key Experts and Non-Key Experts in more than one Proposal is permissible: Yes.

12.1

Proposals shall be valid for 120 days’ calendar days

12.4

Replace second sentence of ITC 12.4 with the following:

“However, should the need arise, any request for extension of validity will be hosted on e-procurement portal and an e-mail will be sent to each Consultant. The Consultants may send their response if any on the e-procurement portal and through e-mail at the e-mail id given in Data Sheet 2.3. 

13

Replace ITC 13 with the following:

“13.1. The e-procurement system specified in ITC 1(m) provides for online clarifications. A Consultant may request an online clarification of any part of the RFP during the period indicated in the Data Sheet before the Proposals’ submission deadline, or raise its inquiries during the pre-proposal conference, if provided for in accordance with ITC 2.3. Clarifications requested through any other mode shall not be considered by the Client. The Client will respond online by uploading the response (including an explanation of the query but without identifying its source) for information of all Consultants. Should the Client deem it necessary to amend the RFP as a result of a clarification, it shall do so following the procedure described in ITC 13.1.1 and ITC 13.1.2 below. It is the consultant’s responsibility to check on the e-procurement system, for any addendum/ amendment/ corrigendum to the RFP document.

13.1.1 At any time before the proposal submission deadline, the Client may amend the RFP by issuing an amendment online in accordance with the procedure described in the Data Sheet. The amendment shall be binding on all Consultants. The Client shall not be liable for any information not received by the Consultants. It is the Consultants’ responsibility to verify the website for the latest information related to the RFP.

13.1.2 If the amendment is substantial, the Client may extend the proposal submission deadline to give the Consultants reasonable time to take an amendment into account in their Proposals, by amending the RFP in accordance with ITC 13.1.1. 

13.2 A Consultant may modify its Proposal in the following manner, by using the appropriate option for proposal modification on e-procurement portal, before the deadline for submission of proposals. No modifications to the Technical or Financial Proposal shall be accepted after the proposal submission deadline.

(a) For proposal modification and consequential re-submission, the Consultant is not required to withdraw the proposal submitted earlier. The last modified proposal submitted by the consultant within the proposal submission time shall be considered as the ‘Proposal’. 

(b) For this purpose, modification/withdrawal by other means will not be accepted. 

(c) The modification and consequential re-submission of proposals is allowed any number of times. 

(d) A consultant may withdraw its proposal by using the appropriate option for proposal withdrawal, before the deadline for submission of proposals. However, if the proposal is withdrawn, re-submission is allowed as applicable to the e-procurement system].”

13.1

Clarifications may be requested online no later than 21 days prior to the submission deadline.

13.1.1 

The Client will host the amendment to RFP, if any on the e-procurement portal at any time prior to the submission deadline. 

The system will also send auto-e-mail regarding hosting of amendment to Consultants who have started working on the RFP. The Consultants shall remain responsible to view amendment to RFP. 

13.2 (d)

Re-submission of the proposal is “allowed”, if withdrawn.

14.1.2

(do not use for Fixed Budget method)

Estimated total cost of the assignment: INR 120 Lakhs Per Year

14.1.3

for time-based contracts only

“Not applicable”. 

14.1.4 and 26.2

use for Fixed Budget method

“Not applicable”.

15.1

Delete from the first sentence of ITC 15.1, the following: ‘and shall comprise the documents listed in the Data Sheet’.

15.2

The format of the Technical Proposal to be submitted is:  

FTP

Submission of the Technical Proposal in a wrong format may lead to the Proposal being deemed non-responsive to the RFP requirements.

16.1

(1) a per diem allowance, including hotel, for experts for every day of absence from the home office for the purposes of the Services;

(2) cost of travel by the most appropriate means of transport and the most direct practicable route;

(3) cost of office accommodation, including overheads and back-stop support;

(4) communications costs;

(5) cost of purchase or rent or freight of any equipment required to be provided by the Consultants;

(6) cost of reports production (including printing) and delivering to the Client; 

16.2

A price adjustment provision applies to remuneration rates: No. 

16.3

Information on the Consultant’s tax obligations in India can be found from the Ministry of Finance, Government of India website http://finmin.nic.in

Consultants and their Sub-consultants and Experts are responsible for payment of all taxes as applicable in India. 

The Client will, however reimburse on proof of submission with relevant Government Authority, the Goods & Services Tax (GST) payable on the contract value by the consultant, as per Applicable Law in India. Statutory deductions of taxes at source (TDS), however, shall be made as applicable.

The above only are to be shown separately in the financial proposal. 

16.4

The Financial Proposal shall be submitted in Indian Rupees.

16.5

Payments under the Contract shall be made in Indian Rupees.

C. Submission, Opening and Evaluation

17

Replace ITC 17 with the following:

“17.1 The Consultant shall submit a digitally signed, encrypted, and complete Proposal comprising the documents and forms in accordance with ITC 10 (Documents Comprising Proposal). Consultants shall mark as “CONFIDENTIAL” information in their Proposals which is confidential to their business. This may include proprietary information, trade secrets or commercial or financially sensitive information. The submission shall be done electronically on the e-procurement system and in accordance with procedure specified in the Data Sheet. Proposals submitted by any other means will be rejected. Detailed guidelines for viewing proposals, and for online submission of proposals are given on the website.   

17.2 An authorized representative of the Consultant shall digitally sign the original submission letters in the required format for both the Technical Proposal and, if applicable, the Financial Proposal and shall initial all pages of both. The authorization shall be in the form of a written power of attorney to be scanned and uploaded together with the Technical Proposal.

17.2.1 A Proposal submitted by a Joint Venture shall be signed by all members so as to be legally binding on all members, or by an authorized representative who has a written power of attorney signed by each member’s authorized representative. The submission letters and the power of attorney shall then be scanned and uploaded together with the Technical Proposal.

17.3 Any modifications, revisions, interlineations, erasures, or overwriting shall be valid only if they are signed or initialed by the person signing the Proposal.

17.4 The Proposal or its modifications must be uploaded on the e-procurement portal specified in ITC 1(m), no later than the deadline indicated in the Data Sheet, or any extension to this deadline. The electronic system will not accept any Proposal or its modification for uploading after the deadline, as per server time.

17.5 Once the Proposal is uploaded on the portal, the system will generate a unique identification number with the stamped submission time. The unique identification number with the time stamp represents an acknowledgement of the Proposal submission. Any other system’s functionality requirements are specified in the Data Sheet.”

17.1

The electronic submission procedures shall be as follows: 

The Consultants shall submit their Proposals (both Technical and Financial) electronically on the e-procurement portal specified in ITC 1(m), following the procedure given below. Detailed guidelines for viewing proposals and for online submission are given on the website:

(a) To participate in the e-tendering process, it is mandatory for the consultants to have enrolment/registration in the website, and valid Class … [insert as required for the e-procurement system, usually Class II/III(DSC) with signing + Encryption] Digital Signature Certificate (in the name of person who will sign the proposal) in the form of smart card/e-token, obtained from any of the licensed Certifying Agency authorized by the Government of India. Consultants can see the list of licensed CAs from the link www.cca.gov.in  [modify the link or refer to the source where such list can be found, if required]

(b) The consultant should register in the website using the relevant option available. Then the Digital Signature registration has to be done with the e-token, after logging into the website. The consultant can then login the website through the secured login by entering the password of the e-token & the user id/ password chosen during registration. 

(c) The size of individual files containing the documents comprising the Proposal(s) shall not exceed 10 MB and there is no limit on the number of files to be uploaded. [modify, if required]

[Note for Consultants: For online submission of proposals, the Consultants shall fill up online, the forms that are available for online filling on the e-portal. The rest of the forms shall be downloaded by the Consultants and filled up. The filled-up pages shall then be digitally signed, scanned and uploaded on the e-procurement portal along with the scanned copies of the supporting documents.] 

17.4

The Proposals must be uploaded on the e-procurement portal specified in ITC 1(m) no later than:

Date: 03 April 2023

Time: 16:00 Hrs.

17.5

None

19

Replace ITC 19 with the following:

“19.1 The Client’s evaluation committee shall conduct the opening of the Technical Proposals online following the procedure described in the Data Sheet and this could be viewed online by the Consultants. The consultants or their authorized representatives may attend the online opening in person if this option is offered in the Data Sheet. The opening date, time and the address are stated in the Data Sheet. The folder with the Financial Proposal shall remain unopened, encrypted, in the e-procurement system until the subsequent public opening in accordance with ITC 23. 

19.2 At the opening of the Technical Proposals the following shall be read out and recorded online simultaneously: (i) the name and the country of the Consultant or, in case of a Joint Venture, the name of the Joint Venture, the name of the lead member and the names and the countries of all members; (ii) the presence or absence of the folder with the Financial Proposal in the portal; and (iii) any other information deemed appropriate or as indicated in the Data Sheet.”

19.1

The procedure for online opening of technical proposals shall be:  Technical proposal will be opened on the e-procurement portal by the Client’s Evaluation Committee at the date and time indicated below.

Date: 03 April 2023

Time: 16:30 Hrs.

Consultants have an option to attend the opening of the Technical Proposals in person. The opening shall take place at:

Kerala Solid Waste Management Project (KSWMP)

4th Floor, Trans Towers, Vazhuthacaud,

Thiruvananthapuram -695014, Kerala, India

Telephone: 0471-2333011

E-Mail: tenderkswmp@gmail.com

Website: www.kswmp.org

In the event of the specified date of proposal opening being declared a holiday for the Client, the proposals will be opened at the appointed time and location on the next working day

19.2

In addition, the following information will be read aloud at the opening of the Technical Proposals: N/A

21.1

[for FTP]



 

Consultants’ technical proposal shall be evaluated in two parts.

 

Part A (as mentioned below) shall be the mandatory criteria that the Agency must meet. Technical Proposals of Agency who do not meet the criteria in Part A, shall not be further evaluated, and the proposal shall be rejected.

Technical Proposal of Agency, who meet the criteria in Part A, shall be evaluated further using the scoring scheme contained in Part B below.

 

Part A: Mandatory Criteria:

 

S. No:

Criteria

Documents Required

1.

Agency should have been in business of marketing and creative advisory services for the past five (05) years (i.e., 2017 to 2022); 

a)     Copy of Certificate of Incorporation or Partnership Deed, as applicable; and

 

b) Any national/state level accreditation like INS, AAAI, Central Bureau of Communication (GOI), Information and Public Relations Department of Kerala etc

2.

Agency should have had an average annual consulting income from the business of marketing and creative advisory services of more than INR 15 million in any three of the previous five financial years (i.e. FY 2017-18, FY 2018-19, FY 2019-20, FY 2020-21 and FY 2021-22)

Audited Financial Statement along with the Balance Sheet and Profit & Loss Statement duly certified by the statutory auditors/ Chartered Accountant the year wise annual income during any three of the previous five financial years 2017-18, 2018-19, 2019-20, 2020-21 and 2021-22.

Or Copies of CA Certificate

3

Agency should have had successfully completed ATLEAST TWO creative advisory services involving IEC campaigns for GOI / State Governments or their agencies during the last Five years with a minimum consulting fee of INR 2.5 million

Document (s) relating to details of assignments shall be supported by Completion Certificate or Work Order along with final payment confirmation by the Authority. The supporting documents shall clearly state the scope of work and contract value undertaken by the applicant.

4

Agency should have specific experience of handling social media and website management during the last five years.

Document (s) relating to details of assignments shall be supported by Completion Certificate or Work Order along with final payment confirmation by the Authority. The supporting documents shall clearly state the scope of work and contract value undertaken by the applicant

 

Part B: Evaluation Criteria:

Criteria, sub-criteria, and point system for the evaluation of the Full Technical Proposals:

 

No

Criteria 

Documents required

Marks

  1.  

Specific experience of the Consultant (as a firm) relevant to the Assignment: [30]

1.1

For specific experience of Creative Advisory services for GOI /State Governments or their agencies (Maximum 5 assignments)

Completion Certificate or Work Order along with final payment confirmation by the Authority.

2 mark each

1.2 

For specific experience of Campaigns for Government of Kerala or its agencies (Maximum 4 assignments)

Completion Certificate or Work Order along with final payment confirmation by the Authority.

2.5 marks each

1.3

For specific experience of social media and website management (Maximum 2 assignments)

Completion Certificate or Work Order along with final payment confirmation by the Authority.

2.5 marks each

1.4

For specific experience of handling development/ behavior change projects.(Maximum 2 assignments)

Completion Certificate or Work Order along with final payment confirmation by the Authority.

2.5 marks each

  1.  

Adequacy and quality of the proposed approach, methodology and work plan in responding to the Terms of Reference (TORs): [20]

2.1

Proposed Methodology, Strategy, ideas & innovations. The agency has to explain how they intend to carry forward the mandate of reaching out to the public at large through ideas to develop and implement the mass media campaign that is aimed at generating awareness about the critical issues and implementation plans around the SWM program, also the work plan to execute the tasks within the timelines envisaged in ToR.                                                                                            

Proposed Approach                                                                                                     & Methodology 

10

2.2 

Work Plan

10

3 

Strategy and In-house capabilities: [30]

3.1

Branding and Mass Media Campaign for promoting KSWMP  

 

5

3.2

PR Strategy and Campaign for KSWMP 

 

5

3.3

Social media strategy and digital engagement plan       

 

5

3.4

Two Creatives prepared for OOH media/ ATL/ Mass Media campaign 

(for any previous assignments undertaken by the Agency or exclusively developed for KSWMP)

5

3.5

Two leaflets /brochures/ pamphlets 

(for any previous assignments undertaken by the Agency or exclusively developed for KSWMP)

5

3.6

Two TV Ads/ Project Videos/ Infographic Videos

(for any previous assignments undertaken by the Agency or exclusively developed for KSWMP) -    

5

4

Key Experts’ qualifications and competence for the Assignment [20]

 

Position

 

Marks

4.1

Position K-1 Team Leader – Strategic Communication Specialist

CV

5

4.2

Position K-10 Social Media Manager

CV

4

4.3

Position K-2 Creative Team Head – Art

CV

2

4.4

Position K-3 Creative Team Head – Copy Content

CV

2

4.5

Position K-5 Media Planner

CV

2

4.6

Position K-6 Writer& Content Editor- English

CV

2

4.7

Position K-7 Writer& Content Editor- Malayalam

CV

1

4.8

Position K-8 Public Relations

CV

1

4.9

Position K-11 Digital Marketer

CV

1

                                                                                                                                                                          

 

Total points for the chosen criteria:                                                                     100

22.2

Replace second sentence of ITC 22.2 with the following:

“All other Financial Proposals shall not be opened.”

 

Public Opening of Financial Proposals 

23

Replace ITC 23.1 with the following:

“23.1 After the technical evaluation is completed and the Bank has issued its no objection (if applicable), the Client shall notify online through e-procurement portal those Consultants whose Proposals were considered non-responsive to the RFP and TOR or did not meet the minimum qualifying technical score, advising them the following:

  1. their Proposal was not responsive to the RFP and TOR or did not meet the minimum qualifying technical score;

  2. provide information relating to the Consultant’s overall technical score, as well as scores obtained for each criterion and sub-criterion;

  3. their Financial Proposals will not be opened; and

  4. notify them of the date, time and location of the online public opening of the Financial Proposals and invite them to attend.”

 

In ITC 23.2(b) first sentence, after the words ‘in writing’, add the following: ‘online through e-procurement portal’ 

 

In ITC 23.2(b)(iv), after the words ‘location of the’ add the following: ‘online’

 

Replace ITC 23.4 with the following:

“23.4 The Consultant’s attendance at the opening of the Financial Proposals (in person, or online) is optional and is at the Consultant’s choice”

 

Replace ITC 23.5 with the following:

“The Financial Proposals shall be publicly opened online by the Client’s evaluation committee in the presence of the representatives of the Consultants and anyone else who chooses to attend. Any interested party who wishes to attend this public opening should contact the client as indicated in the Data Sheet. Alternatively, a notice of the public opening of Financial Proposals may be published on the Client’s website, if available. At the opening, the names of the Consultants, and the overall technical scores, including the break-down by criterion, shall be read aloud and recorded online simultaneously. The Financial Proposals shall be then opened, and the total prices read aloud and recorded online simultaneously. The records of the opening shall remain on the e-procurement portal for the information of all Consultants who submitted Proposals and the Bank, unless the Data Sheet provides for other means of sending notifications and the results of the financial opening.”

23.5

Following the completion of the evaluation of the Technical Proposals, the Client will notify online through e-procurement portal, all Consultants of the location, date and time of the public opening of Financial Proposals.

Any interested party who wishes to attend this public opening should contact Project Director, KSWMP, tenderkswmp@gmail.com and request to be notified of the location, date and time of the public opening of Financial Proposals. The request should be made before the deadline for submission of Proposals, stated above.

Alternatively, a notice of the public opening of Financial Proposals may be published on the Client’s website, if available.

In the event of the specified date of proposal opening being declared a holiday for the Client, the proposals will be opened at the appointed time and location on the next working day.

25.1 

For the purpose of the evaluation, the Client will exclude: all local identifiable indirect taxes such as GST or similar taxes levied on the contract’s invoices. 

If a Contract is awarded, at Contract negotiations, all such taxes will be discussed, finalized (using the itemized list as a guidance but not limiting to it) and added to the Contract amount as a separate line, also indicating which taxes shall be paid by the Consultant and which taxes are withheld and paid by the Client on behalf of the Consultant.

26.1 

(QCBS only)

The lowest evaluated Financial Proposal (Fm) is given the maximum financial score (Sf) of 100.

The formula for determining the financial scores (Sf) of all other Proposals is calculated as following:

Sf = 100 x Fm/ F, in which “Sf” is the financial score, “Fm” is the lowest price, and “F” the price of the proposal under consideration.

The weights given to the Technical (T) and Financial (P) Proposals are:

T = 80%

P = 20%

Proposals are ranked according to their combined technical (St) and financial (Sf) scores using the weights (T = the weight given to the Technical Proposal; P = the weight given to the Financial Proposal; T + P = 1) as following:  S = St x T% + Sf x P%.

 

D. Negotiations and Award

27.1

Expected date and address for contract negotiations: 

TENTATIVE Date: 24 April, 2023

Address: 4th Floor, Trans Towers, Vazhuthacaud,

Thiruvananthapuram -695014, Kerala, India

Telephone: 0471-2333011

E-Mail: tenderkswmp@gmail.com

Website: www.kswmp.org

29

29.1 Disabled

29.2 The Contract Award Notice shall be published on the Client’s website with free access if available, or in at least one newspaper of national circulation in the Client’s Country, or in the official gazette and on e-procurement portal.”

30.1

Replace ITC 30 with the following:

“The Contract shall be signed prior to the expiry date of the Proposal validity, specified in ITC 12.1 or any extension thereof.”

30.2

Expected date/month for the commencement of the Services:

Month: May, 2023 

31.1

The procedures for making a Procurement-related Complaint are detailed in the “Procurement Regulations for IPF Borrowers (Annex III).” If a Consultant wishes to make a Procurement-related Complaint, the Consultant shall submit its complaint following these procedures, In Writing (by the quickest means available, such as by email or fax), to:

For the attention: [insert full name of person receiving complaints]

Title/position: [insert title/position]

Client: [insert name of Client]

Email address: [insert email address]

Fax number: [insert fax number] delete if not used

In summary, a Procurement-related Complaint may challenge any of the following:

  1. the terms of this Request for Proposal;

  2. the Client’s decision to exclude a Consultant from the procurement process prior to the award of contract; and

  3. the Client’s decision to award the contract.

 

Annexure 1 to SECTION-2

 

SPECIFIC APPLICATION OF EVALUATION CRITERIA

 

  1. CRITERIA-I

SPECIFIC EXPERIENCE OF THE CONSULTANT (AS A FIRM) RELEVANT TO THE ASSIGNMENT: 30 Points

 

[Note to Consultant: The Client will assess similarity of the work to be done in this assignment (refer ITC 21.1 of this RFP) with assignments successfully completed by the Consultant in India / any other countries of Asian region in the last 5 years (i.e.2017 to 2022). Client testimony if provided will be an additional factor. The Consultant should provide documentary evidence such as copy of Completion Certificate or Performance Certificate for each of the assignments shown by the consultant, from the client. The experience shall not be considered for evaluation if such requisite support documents are not provided with the proposal.

APPLICATION OF EVALUATION CRITERIA (I)

 

 

Scoring

 

Number of projects* meeting the requirement

 

Point Allocation Max. Score allocated for the Criteria(i)

1

Similar assignment experience for GOI /State Governments

 

10

a)

Maximum 2 projects

2 marks each

 

b)

Maximum 5 projects

2  marks each

 

2

Similar assignment experience of Campaigns for Government of Kerala or its agencies

 

10

a)

Maximum of 4 Projects

2.5 mark each

 

3

Specific experience of social media and website management

 

5

a)

Maximum of 2 projects 

2.5 marks each

 

4

For specific experience of handling development/ behavior change

 

5

a)

Maximum of 2 projects

2.5 marks each

 

 

 

  1.  

b) CRITERIA-II ADEQUACY AND QUALITY OF THE PROPOSED METHODOLOGY, AND WORKPLAN IN RESPONDING TO THE TERMS OF REFERENCE (TORs): 50 Points

 

  1. Technical Approach & Methodology: 10

  2. Work Plan: 10

  3. Strategy and In-house capabilities: 30

[Notes to Consultant: the client will assess whether the proposed methodology is clear, responds to the TORs, work plan is realistic and implementable; overall team composition is balanced and has an appropriate skill mix; and the work plan has right input of Experts]

APPLICATIONOFEVALUATION CRITERIA(II)

 

  1. Sub Criteria: TECHNICAL APPROACH AND METHODOLOGY (10 points)

[Note to Consultant: 

Points shall be awarded based on whether the proposed approach is discussed in detail and the methodology is specifically tailored to the characteristics of the assignment.

 

 

Scoring

 

Sub Criteria

Point Allocation Max. Score allocated for the Criteria

a)

Technical Approach & Methodology

 

10

 

Excellent Technical Approach

10

 
 

Very Good

08

 
 

Good

06

 
 

Average

04

 
 

Below Average

00

 

  1. Sub Criteria: WORK PLAN (10 points)

       [Note to Consultant: 

Points shall be awarded based on evaluation of how the work plan responds to the TORs, whether all important activities are indicated in the activity schedule, and their timing is appropriate and consistent with the assignment outputs.

 

 

Scoring

 

Sub Criteria

Point Allocation Max. Score allocated for the Criteria

a)

Work Plan

 

10

 

Excellent Work Plan

10

 
 

Very Good

08

 
 

Good

06

 
 

Average

04

 
 

Below Average

00

 


 

3. Sub Criteria: Strategy and In-house capabilities (30 points)

 

[Note to Consultant: 

Points shall be awarded based on evaluation of how the strategy, creative approach, and in-house capabilities respond to the TOR. The consultant shall include sample creatives exclusively developed for KSWMP or from similar previous assignments

 

 

Scoring

 

Sub Criteria

Point Allocation Max. Score allocated for the Criteria

3.1

Branding and Mass Media Campaign for promoting KSWMP  

 

Excellent 

5

Very Good

4

Good

3

Average

2

Below Average

00

3.2

PR Strategy and Campaign for KSWMP 

 

Excellent 

5

Very Good

4

Good

3

Average

2

Below Average

00

3.3

Social media strategy and digital engagement plan       

 

Excellent 

5

Very Good

4

Good

3

Average

2

Below Average

00

3.4

Two Creatives prepared for OOH media/ ATL/ Mass Media campaign 

(for any previous assignments undertaken by the Agency or exclusively developed for KSWMP)

 

Excellent 

5

Very Good

4

Good

3

Average

2

Below Average

00

3.5

Two leaflets /brochures/ pamphlets 

(for any previous assignments undertaken by the Agency or exclusively developed for KSWMP)

 

Excellent 

5

Very Good

4

Good

3

Average

2

Below Average

00

3.6

Two TV Ads/ Project Videos/ Infographic Videos

(for any previous assignments undertaken by the Agency or exclusively developed for KSWMP)

 

Excellent 

5

Very Good

4

Good

3

Average

2

Below Average

00

 

 

  1. CRITERIA-III

KEY EXPERTS’ QUALIFICATIONS AND COMPETENCE FOR THE ASSIGNMENT: 20 POINTS FOR ALL KEY EXPERT POSITIONS

The number of points to be assigned to each of the above positions shall be determined considering the following two sub-criteria and relevant percentage weights.

 

APPLICATION OF EVALUATION CRITERIA (III)

 

  1. General qualifications (general education, training, and experience): [30%]

 

  

General qualifications

Point Allocation as percentage of Max. Score allocated for the “General Qualification” for specific Key Expert Position

I

Very good submission-greatly exceeds requirements

30 %

II

Good submission- exceeds requirements

27 %

III

Acceptable submission – meets all requirements

24 %

IV

Marginally acceptable submission-meets most requirements

21 %

V

Poor submission-meets few requirements

0

VI

No submission

0

 

  1. Adequacy for the Assignment (relevant education, training, experience in the sector/similar assignments):[70%]

 

  

Adequacy for the Assignment

Point Allocation as percentage of Max. Score allocated for “Adequacy for

The Assignment” for specific Key Expert Position

I

Very good submission-greatly exceeds requirements

70 %

II

Good submission- exceeds requirements

63 %

III

Acceptable submission –meets all requirements

56 %

IV

Marginally acceptable submission-meets most requirements

49 %

V

Poor submission-meets few requirements

0

VI

No submission

0


 

Section 3.  Technical Proposal – Standard Forms

{Notes to Consultant shown in brackets {  } throughout Section 3 provide guidance to the Consultant to prepare the Technical Proposal; they should not appear on the Proposals to be submitted.}

 

Checklist of Required Forms

Required for FTP or STP

FORM

DESCRIPTION

Page Limit

FTP

STP

   

TECH-1

Technical Proposal Submission Form. 

2 pages

If applicable

TECH-1 Attachment

If the Proposal is submitted by a joint venture, attach a letter of intent or a copy of an existing agreement. 

 

If applicable

Power of Attorney

No pre-set format/form. In the case of a Joint Venture, several are required: a power of attorney for the authorized representative of each JV member, and a power of attorney for the representative of the lead member to represent all JV members

As required

 

TECH-2

Consultant’s Organization and Experience. 

 

 

TECH-2A

A. Consultant’s Organization

4 pages

 

TECH-2B

B. Consultant’s Experience

25-30 pages

 

TECH-3

Comments or Suggestions on the Terms of Reference and on Counterpart Staff and Facilities to be provided by the Client.

 

 

TECH-3A

A. On the Terms of Reference

2 pages

 

TECH-3B

B. On the Counterpart Staff and Facilities

    2 pages

TECH-4 A

Description of the Approach, Methodology, and Work Plan for Performing the Assignment

25 -30 pages

TECH-4 B

Strategies & In House Capabilities

*Media File

TECH-5

Work Schedule and Planning for Deliverables

A3 5 pages

TECH-6

Team Composition, Key Experts Inputs, and attached Curriculum Vitae (CV) 

As required (Limit 5 pages per CV)

TECH-7

Code of Conduct (ES)

As required


 

All pages of the original Technical and Financial Proposal shall be initialed by the same authorized representative of the Consultant who signs the Proposal.

* Modes Of submission explained in detail in FORM TECH – 4B.

 

 

Form TECH-1  

 

Technical Proposal Submission Form

 

 

{Location, Date}

 

To: [Name and address of Client]


 

Dear Sirs:

 

We, the undersigned, offer to provide the consulting services for [Insert title of assignment] in accordance with your Request for Proposals (RFP) dated [Insert Date] and our Proposal. We are hereby submitting our Proposal, which includes this Technical Proposal and a Financial Proposal. 

 

{If the Consultant is a joint venture, insert the following: We are submitting our Proposal a joint venture with: {Insert a list with full name and the legal address of each member, and indicate the lead member}. We have attached a copy {insert: “of our letter of intent to form a joint venture” or, if a JV is already formed, “of the JV agreement”} signed by every participating member, which details the likely legal structure of and the confirmation of joint and severable liability of the members of the said joint venture.

 

{OR

 

If the Consultant’s Proposal includes Sub-consultants, insert the following: We are submitting our Proposal with the following firms as Sub-consultants: {Insert a list with full name and address of each Sub-consultant.}

 

We hereby declare that: 

a) All the information and statements made in this Proposal are true and we accept that any misinterpretation or misrepresentation contained in this Proposal may lead to our disqualification by the Client and/or may be sanctioned by the Bank.

(b) Our Proposal shall be valid and remain binding upon us until [insert day, month and year in accordance with ITC 12.1]. 

(c) We have no conflict of interest in accordance with ITC 3.

(d) We meet the eligibility requirements as stated in ITC 6, and we confirm our understanding of our obligation to abide by the Bank’s policy in regard to Fraud and Corruption as per ITC 5.

 

(e)    We, along with any of our sub-consultants, subcontractors, suppliers, or service providers for any part of the contract, are not subject to, and not controlled by any entity or individual that is subject to, a temporary suspension or a debarment imposed by the World Bank Group or a debarment imposed by the World Bank Group in accordance with the Agreement for Mutual Enforcement of Debarment Decisions between the World Bank and other development banks. Further, we are not ineligible under the Client’s country laws or official regulations or pursuant to a decision of the United Nations Security Council.

 (f) In competing for (and, if the award is made to us, in executing) the Contract, we undertake to observe the laws against fraud and corruption, including bribery, in force in India. 

 (g) Except as stated in the Data Sheet, ITC 12.7, we undertake to negotiate a Contract on the basis of the proposed Key Experts. We accept that the substitution of Key Experts for reasons other than those stated in ITC 12 and ITC 27.4 may lead to the termination of Contract negotiations.

 (h) Our Proposal is binding upon us and subject to any modifications resulting from the Contract negotiations.

 

We undertake, if our Proposal is accepted and the Contract is signed, to initiate the Services related to the assignment no later than the date indicated in ITC 30.2 of the Data Sheet.

 

We understand that the Client is not bound to accept any Proposal that the Client receives.

 

We remain,

 

Yours sincerely,

 

_________________________________________________________________

Signature (of Consultant’s authorized representative) {In full and initials}:  

Full name: {insert full name of authorized representative}

Title: {insert title/position of authorized representative}

Name of Consultant (company’s name or JV’s name):

Capacity: {insert the person’s capacity to sign for the Consultant}

Address:  {insert the authorized representative’s address}

Phone/fax: {insert the authorized representative’s phone and fax number, if applicable}

Email:  {insert the authorized representative’s email address}

 

{For a joint venture, either all members shall sign or only the lead member, in which case the power of attorney to sign on behalf of all members shall be attached}

Form TECH-2 (for Full Technical Proposal Only)

Consultant’s Organization and Experience

 

Form TECH-2: a brief description of the Consultant’s organization and an outline of the recent experience of the Consultant that is most relevant to the assignment. In the case of a joint venture, information on similar assignments shall be provided for each partner. For each assignment, the outline should indicate the names of the Consultant’s Key Experts and Sub-consultants who participated, the duration of the assignment, the contract amount (total and, if it was done in a form of a joint venture or a sub-consultancy, the amount paid to the Consultant), and the Consultant’s role/involvement.  

 

A - Consultant’s Organization

 

1. Provide here a brief description of the background and organization of your company, and – in case of a joint venture – of each member for this assignment.

2. Include organizational chart, a list of Board of Directors, and beneficial ownership. 

 

B - Consultant’s Experience

 

 

1. List only previous similar assignments successfully completed in the last 05 years (2017-2022). Refer Annexure 1 to Section 2 of this RFP

2. List only those assignments for which the Consultant was legally contracted by the Client as a company or was one of the joint venture members. Assignments completed by the Consultant’s individual experts working privately or through other consulting firms cannot be claimed as the relevant experience of the Consultant, or that of the Consultant’s partners or sub-consultants, but can be claimed by the Experts themselves in their CVs. The Consultant should be prepared to substantiate the claimed experience by presenting copies of relevant documents and references if so requested by the Client.

 

Duration

Assignment name/& brief description of main deliverables/outputs

Name of Client & Country of Assignment

Approx. Contract value (in Rs.)/ Amount paid to your firm

Role on the Assignment

     

{e.g., Jan.2009– Apr.2010}

{e.g., “Improvement quality of...............”: designed master plan for rationalization of ........; }

{e.g., Ministry of ......, country}

{e.g., Rs.1 mill/Rs. 0.5 mill}

{e.g., Lead partner in a JV A&B&C}

     

{e.g., Jan-May 2008}

{e.g., “Support to sub-national government.....”: drafted secondary level regulations on..............}

{e.g., municipality of........., country}

{e.g., Rs. 0.2 mil/Rs. 0.2 mil}

{e.g., sole Consultant}

     

 

 

Form TECH-3 (for Full Technical Proposal)

 

Comments and Suggestions on the Terms of Reference, Counterpart Staff, and Facilities to be Provided by the Client

 

Form TECH-3: comments and suggestions on the Terms of Reference that could improve the quality/effectiveness of the assignment; and on requirements for counterpart staff and facilities, which are provided by the Client, including: administrative support, office space, local transportation, equipment, data, etc.

 

A - On the Terms of Reference

 

{improvements to the Terms of Reference, if any}


 

B - On Counterpart Staff and Facilities

 

{comments on counterpart staff and facilities to be provided by the Client. For example, administrative support, office space, local transportation, equipment, data, background reports, etc., if any} 





 

 

Form TECH-4 A (for Full Technical Proposal Only)

 

Description of Approach, Methodology, and Work Plan in Responding to the Terms of Reference

 

 

Form TECH-4: a description of the approach, methodology and work plan for performing the assignment, including a detailed description of the proposed methodology and staffing for training, if the Terms of Reference specify training as a specific component of the assignment.

 

{Suggested structure of your Technical Proposal (in FTP format):

 

  1. Technical Approach and Methodology 

  2. Work Plan

  3. Organization and Staffing} 

 

a) Technical Approach and Methodology.  {Please explain your understanding of the objectives of the assignment as outlined in the Terms of Reference (TORs), the technical approach, and the methodology you would adopt for implementing the tasks to deliver the expected output(s), and the degree of detail of such output. Please do not repeat/copy the TORs in here.}

 

b) Work Plan.  {Please outline the plan for the implementation of the main activities/tasks of the assignment, their content and duration, phasing and interrelations, milestones (including interim approvals by the Client), and tentative delivery dates of the reports. The proposed work plan should be consistent with the technical approach and methodology, showing your understanding of the TOR and ability to translate them into a feasible working plan. A list of the final documents (including reports) to be delivered as final output(s) should be included here. The work plan should be consistent with the Work Schedule Form.}

 

c) Organization and Staffing. {Please describe the structure and composition of your team, including the list of the Key Experts, Non-Key Experts and relevant technical and administrative support staff.}



 

 

Form TECH-4 B (for Full Technical Proposal Only)

 

Strategies & In House Capabilities

 

Form Tech 4B: A sample multimedia file as part of the proposal in a Media file (Pen drive or USB flash drive) is to be provided. This shall be submitted along with the online submission of proposals before the deadline.

 

{Suggested structure of your Technical Proposal (in FTP format):

 

Sl No

Item

Mode of Submission

1

Branding and Mass Media Campaign for promoting KSWMP  

Upload in the e-tender portal /

As media file on Pen drive or USB flash drive

2

PR Strategy and Campaign for KSWMP 

Upload in the e-tender portal /

As media file on Pen drive or USB flash drive

3

Social media strategy and digital engagement plan       

Upload in the e-tender portal /

As media file on Pen drive or USB flash drive

4

Two Creatives prepared for OOH media/ ATL/ Mass Media campaign (for any previous assignments undertaken by the Agency or exclusively developed for KSWMP)

Upload in the e-tender portal / 

As media file on Pen drive or USB flash drive

5

Two leaflets /brochures/ pamphlets (for any previous assignments undertaken by the Agency or exclusively developed for KSWMP)

Upload in the e-tender portal / 

As media file on Pen drive or USB flash drive

6

Two TV Ads/ Project Videos/ Infographic Videos (for any previous assignments undertaken by the Agency or exclusively developed for KSWMP) -    

Upload in the e-tender portal / 

As media file on Pen drive or USB flash drive

 

Note to the Consultant: There are two modes of submission stated in FORM TECH – 4B with respect to the six specific submissions listed in the above Table.  The Bidder may ideally follow both options as explained below:

  1. Along with all other TECH FORMS, the six submissions in the FORM TECH – 4B may also be uploaded in the e-tender Portal of Government of Kerala

  2. These six Submissions of FORM TECH – 4B may also be delivered in the designated Office of the Client BEFORE THE CLOSING HOUR OF BID SUBMISSION by POST / COURIER / HAND DELIVERY in a Seal Envelope containing a Pen Drive or USB Flash Drive with the express instruction that the Envelope is to be opened only after the Closing Hours of BID Submission.

The purpose of granting both options of submission is to ensure that the six submissions listed herein are submitted without any technical glitches. Due to the large size of Videos there could be challenges in uploading the same in the e-tender portal.  

 

 

 

Form TECH-5 (for FTP)

 

Work Schedule and planning for deliverables

 


 

N°

Deliverables 1 (D-..)

Months

1

2

3

4

5

6

7

8

9

.....

n

TOTAL

D-1

{e.g., Deliverable #1: Report A

            
 

1) data collection 

                                                 

           
 

2)  drafting

            
 

3) inception report      

            
 

4) incorporating comments

            
 

5)  delivery of final report to Client}

            
              
              

D-2

{e.g., Deliverable #2:...............}

            
              
              
              
              

 

1 List the deliverables with the breakdown for activities required to produce them and other benchmarks such as the Client’s approvals.  For phased assignments, indicate the activities, delivery of reports, and benchmarks separately for each phase.

2 Duration of activities shall be indicated in a form of a bar chart.

3.     Include a legend, if necessary, to help read the chart.

Form TECH-6 (for FTP)

 

Team Composition, Assignment, and Key Experts’ inputs

N°

Name

Expert’s input (in person/month) per each Deliverable (listed in TECH-5)

Total time-input 

(in Months)

Position

 

D-1

 

D-2

 

D-3

........

 

D-...

   

Home

Field

Total

KEY EXPERTS

              

K-1

{e.g., Mr. Abbbb}

[Team Leader]

[Home]

[2 month]

 

[1.0]

 

[1.0]

         

[Field]

[0.5 m]

 

[2.5]

 

[0]

        

K-2

                 
              

K-3

                 
              
                  
              

n

                 
              
           

Subtotal

   

NON-KEY EXPERTS

                

N-1

  

[Home]

              

[Field]

              

N-2

                 
               
                  
               

n

                 
               
           

Subtotal

   
           

Total

   

 

1 For Key Experts, the input should be indicated individually for the same positions as required under the Data Sheet ITC21.1.

2 Months are counted from the start of the assignment/mobilization.  One (1) month equals twenty two (22) working (billable) days. One working (billable) day shall be not less than eight (8) working (billable) hours.

3 “Home” means work in the office in the expert’s country of residence. “Field” work means work carried out in the Client’s country or any other country outside the expert’s country of residence.

 

                       Full time input

                         Part time input



 

Form TECH-6

(Continued)

 

CURRICULUM VITAE (CV)


 

Position Title and No.

{e.g., K-1, TEAM LEADER}

Name of Expert: 

{Insert full name}

Date of Birth:

{day/month/year}

Country of Citizenship/Residence

 

 

Education: {List college/university or other specialized education, giving names of educational institutions, dates attended, degree(s)/diploma(s) obtained}

________________________________________________________________________

 

Employment record relevant to the assignment: {Starting with present position, list in reverse order. Please provide dates, name of employing organization, titles of positions held, types of activities performed and location of the assignment, and contact information of previous clients and employing organization(s) who can be contacted for references. Past employment that is not relevant to the assignment does not need to be included.}

 

Period

Employing organization and your title/position. Contact information for references

Country 

Summary of activities performed relevant to the Assignment

[e.g., May 2005-present]

[e.g., Ministry of ……, advisor/consultant to…

 

For references: Tel…………/e-mail……; Mr. Hbbbbb, deputy minister]

  
    
    

 

Membership in Professional Associations and Publications: ______________________________________________________________________

 

Language Skills (indicate only languages in which you can work): ______________

______________________________________________________________________

 

Adequacy for the Assignment:

 

Detailed Tasks Assigned on Consultant’s Team of Experts: 

Reference to Prior Work/Assignments that Best Illustrates Capability to Handle the Assigned Tasks

{List all deliverables/tasks as in TECH- 5 in which the Expert will be involved}

 

 



 
  
  

 

 

 Expert’s contact information: (e-mail …………………., phone……………)

 

Certification:

I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes myself, my qualifications, and my experience, and I am available, as and when necessary, to undertake the assignment in case of an award. I understand that any misstatement or misrepresentation described herein may lead to my disqualification or dismissal by the Client, and/or sanctions by the Bank. 



 

{day/month/year}

 

Name of Expert Signature Date


 

{day/month/year}

 

Name of authorized Signature Date

Representative of the Consultant 

(the same who signs the Proposal)

Section 4.  Financial Proposal - Standard Forms

{Notes to Consultant shown in brackets {  } provide guidance to the Consultant to prepare the Financial Proposals; they should not appear on the Financial Proposals to be submitted.}

 

Financial Proposal Standard Forms shall be used for the preparation of the Financial Proposal according to the instructions provided in Section 2.

 

FIN-1 Financial Proposal Submission Form

 

FIN-2 Summary of Costs

 

FIN-3 Breakdown of Cost/Fee, including Appendix A “Financial Negotiations - Breakdown of Remuneration Rates” in the case of QBS method

 

FIN-4 Reimbursable expenses

 

FIN-5 Bill Of Quantity

 

 

Form FIN-1

Financial Proposal Submission Form

 

 

{Location, Date}

 

To: [Name and address of Client]

 

 

Dear Sirs:

 

We, the undersigned, offer to provide the consulting services for [Insert title of assignment] in accordance with your Request for Proposal dated [Insert Date] and our Technical Proposal.  

 

Our attached Financial Proposal is for the amount of Rs. {Insert amount in words and figures}, [Insert “including” or “excluding”] of all indirect local taxes in accordance with ITC 25.1 in the Data Sheet. The estimated amount of local indirect taxes is Rs. {Insert amount in words and figures} which shall be confirmed or adjusted, if needed, during negotiations. {Please note that all amounts shall be the same as in Form FIN-2}.

 

Our Financial Proposal shall be valid and remain binding upon us, subject to the modifications resulting from Contract negotiations, for the period of time specified in the Data Sheet, ITC 12.1.

 

Commissions and gratuities paid or to be paid by us to an agent or any third party relating to preparation or submission of this Proposal and Contract execution, paid if we are awarded the Contract, are listed below:

 

Name and Address Amount and Purpose of Commission

of Agents Currency or Gratuity

 

 

 

{If no payments are made or promised, add the following statement: “No commissions or gratuities have been or are to be paid by us to agents or any third party relating to this Proposal and Contract execution.”}

 

We understand you are not bound to accept any Proposal you receive.

 

We remain,

 

Yours sincerely,

 

_________________________________________________________________

Signature (of Consultant’s authorized representative) {In full and initials}:  

Full name: {insert full name of authorized representative}

Title: {insert title/position of authorized representative}

Name of Consultant (company’s name or JV’s name):

Capacity: {insert the person’s capacity to sign for the Consultant}

Address:  {insert the authorized representative’s address}

Phone/fax: {insert the authorized representative’s phone and fax number, if applicable}

Email:  {insert the authorized representative’s email address}

 

{For a joint venture, either all members shall sign or only the lead member/consultant, in which case the power of attorney to sign on behalf of all members shall be attached}

Form FIN-2 Summary of Costs

 

Item

Cost

{Consultant must state the proposed Costs in accordance with ITC 16.4 of the Data Sheet}

 

In Indian Rupees (Rs.) 


 

Cost of the Financial Proposal 

 

Including:

 

(1) Cost

As per total in FORM FIN – 5 

(2) Reimbursable

NOT APPLICABLE

Total Cost of the Financial Proposal:

{Should match the amount in Form FIN-1}

 

Indirect Local Tax Estimates – to be discussed and finalized at the negotiations if the Contract is awarded

Total Estimate for GST:

 


 

 

FORM FIN-3 Breakdown of Cost

 

When used for Lump-Sum contract assignment, information to be provided in this Form shall only be used to demonstrate the basis for the calculation of the Contract’s ceiling amount; to calculate applicable taxes at contract negotiations; and, if needed, to establish payments to the Consultant for possible additional services requested by the Client. This Form shall not be used as a basis for payments under Lump-Sum contracts. This FORM IS NOT TO BE FILLED UP.

A. COST

No

Task/Item

Unit Rate

Quantity

Gross

Total in INR

(a)

Task 1

 

1

  
 

Task 2

 

1

  
 

Task 3

 

2

  
 

Total Fee

    
 

GST

    
 

Grand Total

    
      
      


 


 

Form FIN-4 Breakdown of Reimbursable Expenses

 

When used for Lump-Sum contract assignment, information to be provided in this Form shall only be used to demonstrate the basis for calculation of the Contract ceiling amount, to calculate applicable taxes at contract negotiations and, if needed, to establish payments to the Consultant for possible additional services requested by the Client. This form shall not be used as a basis for payments under Lump-Sum contracts. THIS FORM IS NOT TO BE FILLED UP.

 

B. Reimbursable Expenses

N°

Type of Reimbursable Expenses

Unit

Unit Cost

Quantity

In Indian Rupees (Rs.)

 

{e.g., Per diem allowances**}

{Day}

 

 

 

 

{e.g., International flights}

{Ticket}

 

 

 

 

{e.g., In/out airport transportation} 

{Trip}

   
 

{e.g., Communication costs between Insert place and Insert place}

    
 

{e.g., reproduction of reports}

    
 

{e.g., Office rent}

    
 

....................................

    
 

{Training of the Client’s personnel – if required in TOR}

    

Total Costs

 

 

 

Legend: 

“Per diem allowance” is paid for each night the expert is required by the Contract to be away from his/her usual place of residence. Client can set up a ceiling.



 

 

FORM FIN-5 

Bill Of Quantity

[Instruction to Consultants on Price Schedule]

When used for Lump-Sum contract assignment, information to be provided in this Form shall only be used to demonstrate the basis for the calculation of the Contract’s ceiling amount; to calculate applicable taxes at contract negotiations; and, if needed, to establish payments to the Consultant for possible additional services requested by the Client. THIS FORM IS TO BE FILLED UP AND THE TOTAL SUM IN THIS PAGE WILL USED FOR FINANCIAL EVALUATION. 

Note: The Format below has listed the deliverables in the first year alone, though the duration of the Contract is for four years with the option of mid-term review at the end of the second year and Client reserving the right for discontinuing the services of the Consultant at the end of second year due to non-performance. For the deliverables of the Consultant during the entire pendency of the Engagement, the unit rates and percentage management fee filled in by the Consultant in this Form FIN – 5 would be applicable. 


 

No

Deliverables and structure of financial proposal

No. of direct delivery items per year / Indicative Value per Year of outsourced services

Unit Rate per direct delivery item / Percentage of management fee

Total Value

 

 

A

B

C = A*B

A

Inception Report

 

Not to be quoted

 

B

Tasks 1 and Tasks II

 

 

 

1

Brochure - Content & Design

6

 

 

2

Project/Scheme Posters- Content & Design

100

 

 

3

Branding –  Development of Tagline and Mascot

1

 

 

4

Development of Radio Spot Script – Up to 60 Sec

30

 

 

5

Production of ULB Explainer Video – Up to 5 minutes duration with shoot, VO and Computer Graphics

2

 

 

6

Production of Videos – Up to 5 minutes duration with 2/3 days shoot at multiple locations with cast

6

 

 

7

Production of Television Ads - upto 40 seconds

4

 

 

8

Development of Designs for – Creatives, Carry bag, Tshirts, Caps,  etc

10

 

 

9

Management fee for the indicative value of annual ongoing outsourced Support (to indicate Management Fee in percentage)

          50,00,000 

 

 

10

Management fee for the indicative value of Outdoor Activities, Wall Paintings, Bus / Train Displays by third parties; (To indicate Management Fee in Percentage)

          50,00,000 

 

 

11

Management fee for the indicative value of Print Ads - Concept, Design and Layout delivered by third parties; (To indicate Management Fee in Percentage)

          25,00,000 

 

 

C

Task III - Digital Media Engagement - development of social media strategy

1

 

 

12

Development of Social Media / Digital Posters

365

 

 

13

Production of Short Videos / Thumbstopper - upto 60 seconds

52

 

 

14

Management fee for the indicative value of outsources services in Digital Media management (to indicate Management Fee in Percentage)

          25,00,000 

 

 

D

Task - IV - evaluating campaign effectiveness

 

 

 

14

Design of research design for post campaign evaluation

1

 

 

15

Evaluation of effectiveness of the communications Campaign

2

 

 

 

Total value of engagement per year

 

 

XXXXX



 

[Note to Consultant]

Please refer Section 6 (Deliverables) on the ToR before filling.

Section 5.  Eligible Countries

 

In reference to ITC 6.3.2, for the information of Consultants, at the present time firms, goods and services from the following countries are excluded from this selection:

 

Under the ITC 6.3.2 (a): None

 

Under the ITC 6.3.2 (b): None



 

Section 6.  Fraud and Corruption

(This Section 6, Fraud and Corruption shall not be modified)

 

  1. Purpose

    1. The Bank’s Anti-Corruption Guidelines and this annex apply with respect to procurement under Bank Investment Project Financing operations.

  2. Requirements

  1. The Bank requires that Borrowers (including beneficiaries of Bank financing); bidders (applicants/proposers), consultants, contractors and suppliers; any sub-contractors, sub-consultants, service providers or suppliers; any agents (whether declared or not); and any of their personnel, observe the highest standard of ethics during the procurement process, selection and contract execution of Bank-financed contracts, and refrain from Fraud and Corruption.

  2. To this end, the Bank:

  1. Defines, for the purposes of this provision, the terms set forth below as follows:

  1. “corrupt practice” is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party;

  2. “fraudulent practice” is any act or omission, including misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain financial or other benefit or to avoid an obligation;

  3. “collusive practice” is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party;

  4. “coercive practice” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party;

  5. “obstructive practice” is:

  1. deliberately destroying, falsifying, altering, or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a Bank investigation into allegations of a corrupt, fraudulent, coercive, or collusive practice; and/or threatening, harassing, or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or

  2. acts intended to materially impede the exercise of the Bank’s inspection and audit rights provided for under paragraph 2.2 e. below.

  1. Rejects a proposal for award if the Bank determines that the firm or individual recommended for award, any of its personnel, or its agents, or its sub-consultants, sub-contractors, service providers, suppliers and/ or their employees, has, directly or indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing for the contract in question;

  2. In addition to the legal remedies set out in the relevant Legal Agreement, may take other appropriate actions, including declaring misprocurement, if the Bank determines at any time that representatives of the Borrower or of a recipient of any part of the proceeds of the loan engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices during the procurement process, selection and/or execution of the contract in question,  without the Borrower having taken timely and appropriate action satisfactory to the Bank to address such practices when they occur, including by failing to inform the Bank in a timely manner at the time  they knew of the practices; 

  3. Pursuant to the Bank’s Anti- Corruption Guidelines and in accordance with the Bank’s prevailing sanctions policies and procedures, may sanction a firm or individual, either indefinitely or for a stated period of time, including by publicly declaring such firm or individual ineligible (i) to be awarded or otherwise benefit from a Bank-financed contract, financially or in any other manner; (ii) to be a nominated sub-contractor, consultant, manufacturer or supplier, or service provider of an otherwise eligible firm being awarded a Bank-financed contract; and (iii) to receive the proceeds of any loan made by the Bank or otherwise to participate further in the preparation or implementation of any Bank-financed project; 

  4. Requires that a clause be included in bidding/request for proposals documents and in contracts financed by a Bank loan, requiring (i) bidders (applicants/proposers), consultants, contractors, and suppliers, and their sub-contractors, sub-consultants, service providers, suppliers, agents personnel, permit the Bank to inspect all accounts, records and other documents relating to the procurement process, selection and/or contract execution, and to have them audited by auditors appointed by the Bank.

 

Section 7.  Terms of Reference

Terms of Reference for Communications Consultant 

  1. About the Project

 

The state of Kerala generates about 2.2 million tonnes of solid waste annually in its urban areas. The rise in population and urbanisation have led to an increase in solid waste that may impact the environment, health, sanitation, and social well-being of the people. Solid waste management is one of the critical environmental services to be offered in urban centres. The state has a well-established decentralised waste management practice. But an integrated solid waste management approach is required to be established in order to strengthen the existing solid waste management system with the aim of ensuring that the towns and cities of Kerala are clean and livable. In this attempt, the Government of Kerala is being supported by the World Bank and the Asian Infrastructure Investment Bank (AIIB) in this project, which will help the state adopt global best practices in managing its solid waste.


 

The objective of the Kerala Solid Waste Management Project (KSWMP) is to strengthen the institutional and service delivery systems for solid waste management in Kerala. The project adopts an integrated service delivery value chain approach to address the key institutional, financial, service delivery, and infrastructure constraints in the SWM system in Kerala. The proposed KSWMP project will support the 93 Urban Local Bodies (87 Municipalities and 6 Corporations) through the following components:

 

Component 1: Institutional development, capacity building and project management

The component will provide technical assistance and capacity building at state and local levels for (a) undertaking SWM institutional, financial and policy reforms; (b) planning, designing and implementing investment sub-projects for climate smart and disaster resilient SWM infrastructure and service-provision improvements; (c) organisational development of participating ULBs for inclusive and sustainable SWM service delivery; and (d) awareness generation, gender inclusion and stakeholder engagement.

 

Component 2: Support to ULBs for SWM

The component will provide grants to the participating ULBs for improving their local level SWM systems and capacities, mainly on (a) primary collection and transportation systems for solid waste, including the provision for performance-based contracts with Kudumbashree and Haritha Karma Sena (HKS)  women groups as SWM service providers, (b) source segregation and treatment for Biodegradable Waste (BDW) at decentralised level, (c) rehabilitation of existing Material Collection Facilities (MCFs)/ Resource Recovery Facilities (RRFs) and development of new integrated MRFs, (d) development of BDW management facilities, (f) closure/remediation of existing dumpsites and development of disposal cells as interim disposal facilities, (g) public space cleaning, sanitization, waste removal activities as well as cleaning and sanitization of government offices, hospitals, community level waste recycling and processing facilities (in the context of COVID-19), (h) protective gear, equipment, masks, chemicals, disinfectants etc. for sanitation and waste management workers, (i) operations and maintenance payments for performance-based contracts and tipping fees for regional disposal, and (j) implementation of environment and social risk mitigation actions.

Component 3: Development of regional SWM facilities

This component will finance, inter alia: (a) regional processing and recycling facilities; (b) regional construction and demolition (C&D) waste management facilities; (c) transfer stations and regional sanitary landfills for municipal solid waste disposal; and (d) closure/remediation of existing waste dumpsites and development of incremental disposal cells as interim safe disposal facility. These downstream activities aim at completing the value chain. They will be implemented and managed by SM in compliance with the National SWM Rules 2016 and the guidelines issued by CPCB. In addition, this component will finance the biomedical waste management facilities to expand the state’s capacity to deal with increased volumes of biomedical waste in the context of COVID-19 pandemic. 

 

  1. Rationale of the assignment

 

The communications activities will be taken up in the form of a concerted and well-coordinated campaign which is expected to result in a high degree of public confidence, goodwill and engagement with the Project. In addition, the Project would like to collate learnings and useful insights on a continuous basis, for dissemination to numerous stakeholders through knowledge products, newsletters, audio-visual and digital media. It is also important that Project progress is highlighted through mass media throughout the State across the ULBs.
 

By engaging a Professional Consultant, KSWMP has developed a communications strategy based on the key issues and challenges that are identified from a Rapid Stakeholder Perceptions and Communications Needs Assessment. The Communication strategy provides the rationale, approach, principles, and guidance for the activities, roles and responsibilities, capacities and maps the mediums to change perceptions and sustainable practices for social and behaviour change. The SPMU is now seeking a professional communications consultant to help implement the prepared communications strategy across the state of Kerala.

There is enough experience that shows that information dissemination alone does not create the enduring frameworks that allow for real changes in people's behaviours, perceptions, or attitudes. The transfer of knowledge alone cannot produce the behaviour change necessary for the success of projects. This project in particular requires a major shift in public perception and depends on social acceptance for SWM treatment and disposal systems. To achieve this end, the project will implement a proactive communications strategy for achieving collective action around the sustainable management of waste. 

 

 

 

  1. Objective of the assignment
     

The objective of the assignment is to (i) develop and implement the mass media campaign that is aimed at generating awareness about the critical issues and implementation plans around the SWM program in the state, and at securing the changes in behaviour needed to facilitate the sustainability of these interventions; and (ii) to maintain broad-based stakeholder support for the Project by ensuring strategic flow of information to stakeholders. 

 

To this end, the KSWMP intends to hire a professional firm for the development, production and implementation of the communication strategy, including a mass-media campaign, to be implemented at State, District and ULB levels at different stages of the project. The assignment intends to accomplish an overarching public awareness, education program and behaviour change communication program in line with the messaging framework that is envisaged in the communications strategy and also with the Government’s policy and vision on waste management..

 

  1. Eligibility and Requirement (Qualification/experience) of Consulting Firms

 

The consultant must be a registered company or LLP or JV and satisfy the following requirements to be eligible:

  1. Consultant should have been in business of creative communications services for the past Five (05) years (i.e., 2017 to 2022);

  2. Consultant should have had an average annual consulting income business of creative communications services of more than INR 15 million in any three of the previous five financial years

  3. Consultant should have had successfully completed at least Two creative advisory services involving IEC campaigns for GOI/ State Governments during the last Five years with a minimum consulting fee of INR 2.5 million

  4. Creative advisory services involving IEC campaigns in Kerala during the last five years with a minimum consulting fee of INR 2.5 million for each assignment.

 

  1. The in-house capabilities of the agencies should include the following attributes, but not limited to the same: 

Note: The attributes/ capacity of the Consultant will be assessed based on the Technical Proposal. The bidders shall submit a portfolio of creatives demonstrating previous works.   

  1. Scope and tasks

 

The firm is expected to carry out the development and production of creatives for the mass media campaign in line with the project’s approved communications strategy. The detailed scope of work are as mentioned below; 

  1. Task I

Develop and produce the creative mass media campaign:  These materials are expected to span a range of communication channels so that they have a resonance across various stakeholder groups at the national and state level. The premium for this task will be on the creativity of the campaign concept offered and its innovativeness and efficacy in addressing the key target groups. The content materials will have to be in an effective mix of Malayalam and English.  The firm will have the mandate to design and develop communication materials that are culturally relevant and appealing to the targeted and segmented audience keeping in mind that it reaches and is understood by disadvantaged groups.  

 

The firm is expected to develop a action plan/calendar for the production and roll-out of the creative collaterals 

 


 

  1. Multi-media release plan including local TVC, local cable services & Print 

  2. A detailed outdoor plan including hoardings, bus panels, and wall paintings etc.

  3. Create an integrated phased calendar of release for all the above.

 

The actual purchase of media space across various print and broadcast mediums will be conducted by the state government agencies or in line with the prevailing market rates approved by the state government.

  1. Task II

Ongoing Communications & PR Support:
 

The Firm will be expected to provide ongoing communications and public relations  support to the State Project Management Unit (SPMU) for the contract period. The support will include but not be limited to the following.

Project Cycle Communications:

  1. Work in close coordination with the Communication Expert, Public Information cell, Support Organizations and other key Specialists to incorporate requirements of technical, environmental, and social components.

  2.  Understand the expectations and challenges of the field teams, design and produce communication material to support community interface effectively.

  3. Deliver dissemination material as per the stage of the project to follow the timelines of the communication plan.

  4. Help the SPMU develop ongoing dissemination material on topics like Illegal dumping, reduce waste, recycling at home, expectations from waste generators under the scheme, new SWM systems, etc.

  5.  The production of any other print, audio-visual material will support the Project teams at the state, district and ULB level to interface with the community.

  6.  Production of success stories, conversion of success stories to case studies in formats that can be disseminated through different mediums and channels.

  7. Document and report regularly all production work accomplished.

  8. Documentation of project activities: monthly photo and video documentation 

  9.  Any other tasks as may be assigned by the SPMU.

Public Relations: 

  1. Manage the public relation activities of the project 

  2. Development of press releases and project notes as per requirement 

  3. Media monitoring for local, regional, national and international newspapers, television and social media 

  4. User friendly daily media monitoring report and media agenda of the day sent to an agreed list of user

  5. Special monitoring on key words provided by the project 

  6. Monthly reports of activities 

  7. Development of media plan on a monthly basis

  1. Task III

    Digital Media Engagement
     

  1. Develop a Digital Engagement Strategy in line with the project communications strategy- Digital Media Engagement Strategy for the next 12 months

  2. Maintain the digital media channels of the project, including the Project website( www.kswmp.org), and Project social media channels. This will include the development of daily creative content (posters, stories, photos, advocacy images, contests, campaigns, audio, video, infographics, etc) and engagement content (timely responses to the comments, messages and other queries) to meet agreed metrics that will be developed as part of the Digital Engagement Strategy.

  3. Continuously update and implement the agreed Digital Media Engagement Strategy

  4. Maintain a web and social media calendar and content plans of content themes and all upcoming coverage schedules according to the calendar. 

  5. This activity shall be managed using a content management system (CMS)

  6. The firm is expected to do the digital marketing in line with social media strategy. This shall include

    1. Search Engine Optimization, 

    2. Paid Ad-campaigns, 

    3. Social Media Marketing,

    4. Email Marketing

  7. Generate and analyse reports on web traffic and social media on a monthly basis and calibrate the Digital Engagement Strategy accordingly.

  8. Social Media Creative Collaterals: The items listed on deliverables on Section 6 are the minimum range of deliverable collaterals for the social/ digital media engagement under the proposed contract. Unit costs proposed for the following items will be used for arriving at any additional contract variations for additional products. The firm is expected to produce creative collaterals as and when required.
     

 

Design for Collaterals

  • Design quality content including graphics, videos, powerpoint presentations, animations for use on the social media platforms 

 

  1. Task IV 

Evaluating Campaign Effectiveness: The Firm is expected to to design the criteria and medium of an evaluation strategy during the first three months of the contract and have it agreed with the project. The Firm shall refine and renew the campaign implementation elements in line with the market performance and stakeholder feedback at the end of Year One.

  1. Deliverables

The table below shows an indicative list of deliverables required from the selected agencies. These are coming in 2 categories

The requirement of creative collaterals in the table above are only indicative. Based on requirements of IEC campaign the client may seek additional or new deliverables from the consultant. The government constituted cost & evaluation committee formed for the project by the Government of Kerala

No

Deliverables 

No. of direct delivery items per year / Indicative Value per Year of outsourced services

 

 

A

A

Inception Report

1

B

Tasks 1 and Tasks II

 

1

Brochure - Content & Design

6

2

Project/Scheme Posters- Content & Design

100

3

Branding –  Development of Tagline and Mascot

1

4

Development of Radio Spot Script – Up to 60 Sec

30

5

Production of ULB Explainer Video – Up to 5 minutes duration with shoot, VO and Computer Graphics

2

6

Production of Videos – Up to 5 minutes duration with 2/3 days shoot at multiple locations with cast

6

7

Production of Television Ads - upto 40 seconds

4

8

Development of Designs for – Creatives, Carry bag, Tshirts, Caps,  etc

10

9

Management fee for the indicative value of annual ongoing outsourced Support (to indicate Management Fee in percentage)

          50,00,000*

10

Management fee for the indicative value of Outdoor Activities, Wall Paintings, Bus / Train Displays by third parties; (To indicate Management Fee in Percentage)

          50,00,000* 

11

Management fee for the indicative value of Print Ads - Concept, Design and Layout delivered by third parties; (To indicate Management Fee in Percentage)

          25,00,000* 

C

Task III - Digital Media Engagement - development of social media strategy

1

12

Development of Social Media / Digital Posters

365

13

Production of Short Videos / Thumbstopper - upto 60 seconds

52

14

Management fee for the indicative value of outsources services in Digital Media management (to indicate Management Fee in Percentage)

          25,00,000* 

D

Task - IV - evaluating campaign effectiveness

 

14

Design of research design for post campaign evaluation

1

15

Evaluation of effectiveness of the communications Campaign

2

 

Total value of engagement per year

 

* The value of outsourced services shown in the table above is only for indicative purpose of enabling the bidder to quote a percentage management fee for facilitating these services. The actual outflow of remuneration to 3rd parties would depend upon the IEC needs of the client.

** Space filled in BLUE are Unit rate items and space filled in GREEN are for Percentage quote 

  1. Key Professionals Required:

     

Position Code

Position

Qualification

K1

Team Leader – Strategic Communication Specialist


He/She will be engaged on full-time basis exclusively for the project
 

Post-graduate degree/ diploma in journalism/ advertising/communication with 5 years’ work experience as team leader in preparing and implementing strategic campaigns that hinge on behavioural and attitudinal change; familiarity with environment issues; strong and demonstrated media handling capacity.

K2

Creative Team Head – Art

5 years’ proven track record of art direction with experience in developing, designing and producing creative contents for mass multi-media campaigns, social messaging, and experience in producing advertisements, layout and designing, graphics, etc. Degree in journalism/ advertising/communications

K3

Creative Team Head – Copy Content

5 years’ experience in conceptualising and creating copy for major advertising campaigns; experience with behaviour change campaigns is an advantage; excellent communication skills in Malayalam and English. Degree in journalism/ advertising/communications. 

K4

Creative Team (At least two professionals, one each for the Art Design and Copy Content side)

Expertise in developing, designing and producing creative contents for sensitive and multi-faceted mass campaigns with a minimum work experience of 5 years. Experience in translations in English and Malayalam ( source and target language)  Graduate in any field. 

K5

Media Planner

At least 5 years’ experience in 360 degree media planning using data and analytics; graduate in any field. Experience in media houses is mandatory

 

Writer& Content Editor- English

(On going basis- He/She will be engaged on full-time basis exclusively for the project)  

Degree in English literature/Creative Writing/ Journalism with at least 5 years’ experience in newspapers/magazines.

K6

Writer& Content Editor- Malayalam

 
(On going basis- He/She will be engaged on full-time basis exclusively for the project) 

Degree in Malayalam literature/ Journalism with at least 3 years’ experience in newspapers/magazines.

K7

Public Relations 

Media Monitoring Services- - Media monitoring for regional, national and international newspapers, television and social media- At least 3 years of experience in media monitoring,

K8

Support Professionals.




These professionals shall be engaged on full-time basis  exclusively for the project.

  1. DTP/Data Entry Operator ( Graduate in any field, proficiency in typing English and Malayalam. Proficiency in MS office/Google tools) 

  2. Documentation Assistant-  Maintenance of project documents by storing, preparing catalogues/indexes and enabling easy retrieval of documents. This may involve maintaining paper files, electronic files, or even databases with due security and access (Graduate in any field, English and Malayalam. Experience in government projects is an advantage. Proficiency in MS Office/Google tools/Cloud Services)
     

  3. Translator- Graduate in any field with diploma in journalism/communications, Excellent proficiency in English and Malayalam. Proficiency in MS office/Google tools) 

K9

Social Media Manager

He/She will be engaged on full-time basis exclusively for the project

  1. 5 years of experience as a Social Media Specialist or similar role

  2. Experience in using social media for brand awareness and impressions

  3. Excellent knowledge of Facebook, Twitter, Instagram, and other social media best practices

  4. Understanding of SEO and web traffic metrics

  5. Good understanding of social media KPIs

  6. Good understanding of social media trends/packs

  7. Experience in website management

K10

Digital Marketer

He/She shall be engaged on full-time basis exclusively for the project

  1. Degree/Diploma in digital marketing or a related field

  2. Proven working experience in digital marketing

  3. Demonstrable experience leading and managing SEO/SEM,social media , email campaigns, and/or display advertising campaigns


CVs of key experts will be evaluated. It may be noted that for outreach and communications, local persons who are familiar with the local language, surrounding and socio-cultural context would be preferred. Understanding or prior experience in SWM will be an added advantage for selection.

 

  1. Timelines of the deliverables and Payment Milestone

 

Key Deliverable

Timeline

Payment Milestone

Inception Report duly including review & validation of the already approved communication strategy, the way forward and proposals. This shall duly include at least three creative options for the campaign's creative approach.

Within 2 weeks of signing contract

No Payment

Task 1 – Development & Production of Mass Media Campaign

Monthly Payment against deliverables for the month after review and acceptance by the client

Production of first phase of campaign collaterals 

Within 6 weeks of signing contract

Rollout of first phase of mass media campaign

Within 8 weeks of signing contract

Task II- Ongoing Communications Support:

Ongoing for contract period

Task III- Digital Media Engagement

Ongoing for contract period

Development of social media strategy

Within 2 weeks of signing contract

Continuously update and implement the agreed Digital Media Engagement Strategy.

 

XXX-fold increase in followers in social media channels 

Within 3 months of signing contract

Website management 

Ongoing for contract period

Maintain digital presence of the project; 
Wikipedia, Google Business Profile, SEO etc.

Ongoing for contract period

Task IV – Evaluating Campaign Effectiveness

  

Development of research design for post campaign evaluation

Within 3 months of signing contract

Upon acceptance of research design for post campaign evaluation report by client(Quoted amount will be released)

Evaluate the effectiveness of the communications campaign.

At the End of first year

Upon completion of evaluation of  campaign effectiveness by  submission and acceptance of report by client

 

  1. Ethical and Copyright Issues 

Cultural sensitivities, religion, language sensitivities, gender issues etc must be kept in mind while designing, pre-testing and roll-out of communication tools. Designs, scripts, storyboard should be original and not be copied or duplicated from any other sources. Music/ background score should be original and not tracks that are pre-recorded/ downloaded/ loops. 

  1. Reporting arrangements 


The firm will be reporting to the Project Director and work in close coordination with the IEC Expert at the SPMU and the Public Information Cell of KSWMP. The firm provides periodical reports on the number of materials produced, coverage and outreach in terms of numbers. The firm will be evaluated on its timeliness, quality of content, and appeal of the packaging and production.

The firm is expected to have a local office at Trivandrum, Kerala where the state project management unit (SPMU) is located. The selected Consultant should provide a dedicated team to interact with KSWMP officials and work on the account from Trivandrum. The key professionals shall report to the SPMU as and when required; at least twice a week.

 

  1. Time Duration

The time duration of the engagement will be for 4 years from the date of execution of the contract with a mid term performance review scheduled at the end of the 2nd year. In case the consultant fails to satisfy performance expectations of the client, services will be discontinued at the end of the second year. 

  1. Extension of Contract


The contract is extendable for  any other period as may be subsequently agreed upon by both parties. 

  1. Note on Technical Submission


The sample multimedia files to be included as part of the bid shall be submitted to the State Project Management Unit, KSWMP, Thiruvananthapuram, in a Pen drive or USB flash drive. This shall be submitted along with the online submission of proposals before the deadline.

Lump-Sum Form of Contract


 

STANDARD FORM OF CONTRACT






 

Consultant’s Services

Lump-Sum





















 

TABLE OF CONTENTS

 

Form of Contract 96

I. General Conditions of Contract 99

A.  General Provisions 99

1. Definitions 99

2. Relationship between the Parties 100

3. Law Governing Contract 101

4. Language 101

5. Headings 101

6. Communications 101

7. Location 101

8. Authority of Member in Charge 101

9. Authorized Representatives 101

10. Fraud and Corruption 101

B.  Commencement, Completion, Modification and Termination of Contract 102

11. Effectiveness of Contract 102

12. Termination of Contract for Failure to Become Effective 102

13. Commencement of Services 102

14. Expiration of Contract 102

15. Entire Agreement 102

16. Modifications or Variations 102

17. Force Majeure 103

18. Suspension 104

19. Termination 104

C.  Obligations of the Consultant 106

20. General 106

21. Conflict of Interest 107

22. Confidentiality 108

23. Liability of the Consultant 109

24. Insurance to be taken out by the Consultant 109

25. Accounting, Inspection and Auditing 109

26. Reporting Obligations 109

27. Proprietary Rights of the Client in Reports and Records 110

28. Equipment, Vehicles and Materials 110

29. Code of Conduct 110

30. Forced Labor 110

31. Child Labor 111

32. Non-Discrimination and Equal Opportunity 112

33. Training of Experts 112

D.  Consultant’s Experts and Sub-Consultants 112

34. Description of Key Experts 112

35. Replacement of Key Experts 112

36. Removal of Experts or Sub-consultants 113

E.  Obligations of the Client 113

37. Assistance and Exemptions 113

38. Access to Project Site 114

39. Change in the Applicable Law Related to Taxes and Duties 115

40. Services, Facilities and Property of the Client 115

41. Counterpart Personnel 115

42. Payment Obligation 115

F.  Payments to the Consultant 115

43. Contract Price 115

44. Taxes and Duties 116

45. Currency of Payment 116

46. Mode of Billing and Payment 116

47. Interest on Delayed Payments 117

G.  Fairness and Good Faith 117

48. Good Faith 117

H.  Settlement of Disputes 117

49. Amicable Settlement 117

50. Dispute Resolution 117

Special Conditions of Contract 121

Appendices 129

Contract for Consultant’s Services

 

Lump-Sum





 

Project Name ___________________________

 

[Loan/Credit/Grant] No.____________________

 

Contract No. ____________________________

 

Assignment Title: _____________________________

 

between





 

 

[Name of the Client]






 

and






 

 

[Name of the Consultant]





 

Dated: 

 

  1. Form of Contract

Lump-Sum

 

(Text in brackets [ ] is optional; all notes should be deleted in the final text)


 

This CONTRACT (hereinafter called the “Contract”) is made the [number] day of the month of [month], [year], between, on the one hand, [name of Client or Recipient] (hereinafter called the “Client”) and, on the other hand, [name of Consultant] (hereinafter called the “Consultant”).

 

[If the Consultant consist of more than one entity, the above should be partially amended to read as follows: “…(hereinafter called the “Client”) and, on the other hand, a Joint Venture (name of the JV) consisting of the following entities, each member of which will be jointly and severally liable to the Client for all the Consultant’s obligations under this Contract, namely, [name of member] and [name of member] (hereinafter called the “Consultant”).]

 

WHEREAS

 

(a) the Client has requested the Consultant to provide certain consulting services as defined in this Contract (hereinafter called the “Services”);

 

(b) the Consultant, having represented to the Client that it has the required professional skills, expertise and technical resources, has agreed to provide the Services on the terms and conditions set forth in this Contract;

 

(c) the Client has received [or has applied for] a loan [or credit or grant] from the [insert as relevant, International Bank for Reconstruction and Development (IBRD) or International Development Association (IDA)]: toward the cost of the Services and intends to apply a portion of the proceeds of this [loan/credit/grant] to eligible payments under this Contract, it being understood that (i) payments by the Bank will be made only at the request of the Client and upon approval by the Bank; (ii) such payments will be subject, in all respects, to the terms and conditions of the [loan/financing/grant] agreement, including prohibitions of withdrawal from the [loan/credit/grant] account for the purpose of any payment to persons or entities, or for any import of goods, if such payment or import, to the knowledge of the Bank, is prohibited by the decision of the United Nations Security council taken under Chapter VII of the Charter of the United Nations; and (iii) no party other than the Client shall derive any rights from the [loan/financing/grant] agreement or have any claim to the [loan/credit/grant] proceeds;

 

NOW THEREFORE the parties hereto hereby agree as follows:

 

1. The following documents attached hereto shall be deemed to form an integral part of this Contract:

 

(a) The General Conditions of Contract (including Attachment 1 “Fraud and Corruption”);

(b) The Special Conditions of Contract;

(c) Appendices:  

 

Appendix A: Terms of Reference

Appendix B: Key Experts

Appendix C: Breakdown of Contract Price

Appendix D: Form of Advance Payments Guarantee

 

In the event of any inconsistency between the documents, the following order of precedence shall prevail: the Special Conditions of Contract; the General Conditions of Contract, including Attachment 1; Appendix A; Appendix B; Appendix C; Appendix D, and Appendix E. Any reference to this Contract shall include, where the context permits, a reference to its Appendices.

 

2. The mutual rights and obligations of the Client and the Consultant shall be as set forth in the Contract, in particular:

 

(a) the Consultant shall carry out the Services in accordance with the provisions of the Contract; and

(b) the Client shall make payments to the Consultant in accordance with the provisions of the Contract.


 

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their respective names as of the day and year first above written.

 

For and on behalf of [Name of Client]

 

 

[Authorized Representative of the Client – name, title and signature]

 

For and on behalf of [Name of Consultant or Name of a Joint Venture]

 

 

[Authorized Representative of the Consultant – name and signature]

 

[For a joint venture, either all members shall sign or only the lead member, in which case the power of attorney to sign on behalf of all members shall be attached. 

 

For and on behalf of each of the members of the Consultant [insert the Name of the Joint Venture]

 

[Name of the lead member]

 

 

[Authorized Representative on behalf of a Joint Venture]

 

[add signature blocks for each member if all are signing]

  1. General Conditions of Contract

A.  General Provisions 

  1. Definitions

  1. Unless the context otherwise requires, the following terms whenever used in this Contract have the following meanings:

  1. “Applicable Law” means the laws and any other instruments having the force of law in the Client’s country, or in such other country as may be specified in the Special Conditions of Contract (SCC), as they may be issued and in force from time to time.

  2. “Bank” means the International Bank for Reconstruction and Development (IBRD) or the International Development Association (IDA).

  3. “Borrower” means the Government, Government agency or other entity that signs the financing agreement with the Bank.

  4. “Client” means the implementing agency that signs the Contract for the Services with the Selected Consultant.

  5. “Client’s Personnel” refers to the staff, labor and other employees (if any) of the Client engaged in fulfilling the Client’s obligations under the Contract; and any other personnel identified as Client’s Personnel, by a notice from the Client to the Consultant.

  6.  “Consultant” means a legally-established professional consulting firm or entity selected by the Client to provide the Services under the signed Contract.

  7. “Contract” means the legally binding written agreement signed between the Client and the Consultant and which includes all the attached documents listed in its paragraph 1 of the Form of Contract (the General Conditions (GCC), the Special Conditions (SCC), and the Appendices).

  8. “Day” means a working day unless indicated otherwise.

  9. “Effective Date” means the date on which this Contract comes into force and effect pursuant to Clause GCC 11.

  10.  “Experts” means, collectively, Key Experts, Non-Key Experts, or any other personnel of the Consultant, Sub-consultant or JV member(s) assigned by the Consultant to perform the Services or any part thereof under the Contract.

  11. “Foreign Currency” means any currency other than the currency of the Client’s country.

  12. “GCC” means these General Conditions of Contract.

  13. “Government” means the government of the Client’s country.

  14. “Joint Venture (JV)” means an association with or without a legal personality distinct from that of its members, of more than one entity where one member has the authority to conduct all businesses for and on behalf of any and all the members of the JV, and where the members of the JV are jointly and severally liable to the Client for the performance of the Contract.

  15. “Key Expert(s)” means an individual professional whose skills, qualifications, knowledge and experience are critical to the performance of the Services under the Contract and whose Curricula Vitae (CV) was taken into account in the technical evaluation of the Consultant’s proposal. 

  16. “Local Currency” means the currency of the Client’s country.

  17. “Non-Key Expert(s)” means an individual professional provided by the Consultant or its Sub-consultant to perform the Services or any part thereof under the Contract.

  18.  “Party” means the Client or the Consultant, as the case may be, and “Parties” means both of them.

  19.  “SCC” means the Special Conditions of Contract by which the GCC may be amended or supplemented but not over-written.

  20. “Services” means the work to be performed by the Consultant pursuant to this Contract, as described in Appendix A hereto.

  21. “Sub-consultants” means an entity to whom/which the Consultant subcontracts any part of the Services while remaining solely liable for the execution of the Contract.

  22. “Third Party” means any person or entity other than the Government, the Client, the Consultant or a Sub-consultant.

  1. Relationship between the Parties

  1. Nothing contained herein shall be construed as establishing a relationship of master and servant or of principal and agent as between the Client and the Consultant.  The Consultant, subject to this Contract, has complete charge of the Experts and Sub-consultants, if any, performing the Services and shall be fully responsible for the Services performed by them or on their behalf hereunder.

  1. Law Governing Contract

  1. This Contract, its meaning and interpretation, and the relation between the Parties shall be governed by the Applicable Law.

  1. Language

  1. This Contract has been executed in the language specified in the SCC, which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract.

  1. Headings

  1. The headings shall not limit, alter or affect the meaning of this Contract.

  1. Communications

  1. Any communication required or permitted to be given or made pursuant to this Contract shall be in writing in the language specified in Clause GCC 4. Any such notice, request or consent shall be deemed to have been given or made when delivered in person to an authorized representative of the Party to whom the communication is addressed, or when sent to such Party at the address specified in the SCC. 

  2. A Party may change its address for notice hereunder by giving the other Party any communication of such change to the address specified in the SCC.

  1. Location

  1. The Services shall be performed at such locations as are specified in Appendix A hereto and, where the location of a particular task is not so specified, at such locations, whether in the Government’s country or elsewhere, as the Client may approve.

  1. Authority of Member in Charge

  1. In case the Consultant is a Joint Venture, the members hereby authorize the member specified in the SCC to act on their behalf in exercising all the Consultant’s rights and obligations towards the Client under this Contract, including without limitation the receiving of instructions and payments from the Client.

  1. Authorized Representatives

  1. Any action required or permitted to be taken, and any document required or permitted to be executed under this Contract by the Client or the Consultant may be taken or executed by the officials specified in the SCC.

  1. Fraud and Corruption 

  1. The Bank requires compliance with the Bank’s Anti-Corruption Guidelines and its prevailing sanctions policies and procedures as set forth in the Bank’s Sanctions Framework, as set forth in Attachment 1 to the GCC.

a. Commissions and Fees

  1. The Client requires the Consultant to disclose any commissions, gratuities or fees that may have been paid or are to be paid to agents or any other party with respect to the selection process or execution of the Contract.  The information disclosed must include at least the name and address of the agent or other party, the amount and currency, and the purpose of the commission, gratuity or fee. Failure to disclose such commissions, gratuities or fees may result in termination of the Contract and/or sanctions by the Bank.

B.  Commencement, Completion, Modification and Termination of Contract

  1. Effectiveness of Contract

  1. This Contract shall come into force and effect on the date (the “Effective Date”) of the Client’s notice to the Consultant instructing the Consultant to begin carrying out the Services.  This notice shall confirm that the effectiveness conditions, if any, listed in the SCC have been met.

  1. Termination of Contract for Failure to Become Effective

  1. If this Contract has not become effective within such time period after the date of Contract signature as specified in the SCC, either Party may, by not less than twenty two (22) days written notice to the other Party, declare this Contract to be null and void, and in the event of such a declaration by either Party, neither Party shall have any claim against the other Party with respect hereto.

  1. Commencement of Services

  1. The Consultant shall confirm availability of Key Experts and begin carrying out the Services not later than the number of days after the Effective Date specified in the SCC.

  1. Expiration of Contract

  1. Unless terminated earlier pursuant to Clause GCC 19 hereof, this Contract shall expire at the end of such time period after the Effective Date as specified in the SCC.

  1. Entire Agreement

  1. This Contract contains all covenants, stipulations and provisions agreed by the Parties.  No agent or representative of either Party has authority to make, and the Parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein.

  1. Modifications or Variations

  1. Any modification or variation of the terms and conditions of this Contract, including any modification or variation of the scope of the Services, may only be made by written agreement between the Parties. However, each Party shall give due consideration to any proposals for modification or variation made by the other Party.

  2. In cases of substantial modifications or variations, the prior written consent of the Bank is required.

  1. Force Majeure

 

a. Definition

  1. For the purposes of this Contract, “Force Majeure” means an event which is beyond the reasonable control of a Party, is not foreseeable, is unavoidable, and makes a Party’s performance of its obligations hereunder impossible or so impractical as reasonably to be considered impossible under the circumstances, and subject to those requirements, includes, but is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood or other adverse weather conditions, strikes, lockouts or other industrial action confiscation or any other action by Government agencies.

  2. Force Majeure shall not include (i) any event which is caused by the negligence or intentional action of a Party or such Party’s Experts, Sub-consultants or agents or employees, nor (ii) any event which a diligent Party could reasonably have been expected to both take into account at the time of the conclusion of this Contract, and avoid or overcome in the carrying out of its obligations hereunder.

  3. Force Majeure shall not include insufficiency of funds or failure to make any payment required hereunder.

b. No Breach of Contract

  1. The failure of a Party to fulfill any of its obligations hereunder shall not be considered to be a breach of, or default under, this Contract insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures, all with the objective of carrying out the terms and conditions of this Contract. 

c. Measures to be Taken

  1. A Party affected by an event of Force Majeure shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall take all reasonable measures to minimize the consequences of any event of Force Majeure.

  2. A Party affected by an event of Force Majeure shall notify the other Party of such event as soon as possible, and in any case not later than fourteen (14) calendar days following the occurrence of such event, providing evidence of the nature and cause of such event, and shall similarly give written notice of the restoration of normal conditions as soon as possible.

  3. Any period within which a Party shall, pursuant to this Contract, complete any action or task, shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure.

  4. During the period of their inability to perform the Services as a result of an event of Force Majeure, the Consultant, upon instructions by the Client, shall either:

(a) demobilize, in which case the Consultant shall be reimbursed for additional costs they reasonably and necessarily incurred, and, if required by the Client, in reactivating the Services; or

(b) continue with the Services to the extent reasonably possible, in which case the Consultant shall continue to be paid under the terms of this Contract and be reimbursed for additional costs reasonably and necessarily incurred.

  1. In the case of disagreement between the Parties as to the existence or extent of Force Majeure, the matter shall be settled according to Clauses GCC 49 & 50. 

  1. Suspension

  1. The Client may, by written notice of suspension to the Consultant, suspend part or all payments to the Consultant hereunder if the Consultant fails to perform any of its obligations under this Contract, including the carrying out of the Services, provided that such notice of suspension (i) shall specify the nature of the failure, and (ii) shall request the Consultant to remedy such failure within a period not exceeding thirty (30) calendar days after receipt by the Consultant of such notice of suspension.

  1. Termination

  1. This Contract may be terminated by either Party as per provisions set up below:     

a. By the Client

19.1.1. The Client may terminate this Contract in case of the occurrence of any of the events specified in paragraphs (a) through (f) of this Clause. In such an occurrence the Client shall give at least thirty (30) calendar days’ written notice of termination to the Consultant in case of the events referred to in (a) through (d); at least sixty (60) calendar days’ written notice in case of the event referred to in (e); and at least five (5) calendar days’ written notice in case of the event referred to in (f):

  1. If the Consultant fails to remedy a failure in the performance of its obligations hereunder, as specified in a notice of suspension pursuant to Clause GCC 18; 

  2. If the Consultant becomes (or, if the Consultant consists of more than one entity, if any of its members becomes) insolvent or bankrupt or enter into any agreements with their creditors for relief of debt or take advantage of any law for the benefit of debtors or go into liquidation or receivership whether compulsory or voluntary;

  3. If the Consultant fails to comply with any final decision reached as a result of arbitration proceedings pursuant to Clause GCC 50.1;

  4. If, as the result of Force Majeure, the Consultant is unable to perform a material portion of the Services for a period of not less than sixty (60) calendar days;

  5. If the Client, in its sole discretion and for any reason whatsoever, decides to terminate this Contract;

  6. If the Consultant fails to confirm availability of Key Experts as required in Clause GCC 13.

19.1.2. Furthermore, if the Client determines that the Consultant has engaged in Fraud and Corruption in competing for or in executing the Contract, then the Client may, after giving fourteen (14) calendar days written notice to the Consultant, terminate the Consultant's employment under the Contract. 

b. By the Consultant

19.1.3. The Consultant may terminate this Contract, by not less than thirty (30) calendar days’ written notice to the Client, in case of the occurrence of any of the events specified in paragraphs (a) through (d) of this Clause.

  1. If the Client fails to pay any money due to the Consultant pursuant to this Contract and not subject to dispute pursuant to Clause GCC 45.1 within forty-five (45) calendar days after receiving written notice from the Consultant that such payment is overdue.

  2. If, as the result of Force Majeure, the Consultant is unable to perform a material portion of the Services for a period of not less than sixty (60) calendar days.

  3. If the Client fails to comply with any final decision reached as a result of arbitration pursuant to Clause GCC 50.1.

  4. If the Client is in material breach of its obligations pursuant to this Contract and has not remedied the same within forty-five (45) days (or such longer period as the Consultant may have subsequently approved in writing) following the receipt by the Client of the Consultant’s notice specifying such breach.

c. Cessation of Rights and Obligations

19.1.4. Upon termination of this Contract pursuant to Clauses GCC 12 or GCC 19 hereof, or upon expiration of this Contract pursuant to Clause GCC 14, all rights and obligations of the Parties hereunder shall cease, except (i) such rights and obligations as may have accrued on the date of termination or expiration, (ii) the obligation of confidentiality set forth in Clause GCC 22, (iii) the Consultant’s obligation to permit inspection, copying and auditing of their accounts and records set forth in Clause GCC 25 and to cooperate and assist in any inspection or investigation, and (iv) any right which a Party may have under the Applicable Law.

d. Cessation of Services

19.1.5. Upon termination of this Contract by notice of either Party to the other pursuant to Clauses GCC 19a or GCC 19b, the Consultant shall, immediately upon dispatch or receipt of such notice, take all necessary steps to bring the Services to a close in a prompt and orderly manner and shall make every reasonable effort to keep expenditures for this purpose to a minimum. With respect to documents prepared by the Consultant and equipment and materials furnished by the Client, the Consultant shall proceed as provided, respectively, by Clauses GCC 27 or GCC 28.

e. Payment upon Termination

19.1.6. Upon termination of this Contract, the Client shall make the following payments to the Consultant:

  1. payment for Services satisfactorily performed prior to the effective date of termination; and

  2. in the case of termination pursuant to paragraphs (d) and (e) of Clause GCC 19.1.1, reimbursement of any reasonable cost incidental to the prompt and orderly termination of this Contract, including the cost of the return travel of the Experts.

C.  Obligations of the Consultant

  1. General

 

a. Standard of Performance

  1. The Consultant shall perform the Services and carry out the Services with all due diligence, efficiency and economy, in accordance with generally accepted professional standards and practices, and shall observe sound management practices, and employ appropriate technology and safe and effective equipment, machinery, materials and methods. The Consultant shall always act, in respect of any matter relating to this Contract or to the Services, as a faithful adviser to the Client, and shall at all times support and safeguard the Client’s legitimate interests in any dealings with the third parties.

  2. The Consultant shall employ and provide such qualified and experienced Experts and Sub-consultants as are required to carry out the Services.

  3. The Consultant may subcontract part of the Services to an extent and with such Key Experts and Sub-consultants as may be approved in advance by the Client. Notwithstanding such approval, the Consultant shall retain full responsibility for the Services. 

b. Law Applicable to Services

  1. The Consultant shall perform the Services in accordance with the Contract and the Applicable Law and shall take all practicable steps to ensure that any of its Experts and Sub-consultants, comply with the Applicable Law.  

  2. Throughout the execution of the Contract, the Consultant shall comply with the import of goods and services prohibitions in the Client’s country when 

  1. as a matter of law or official regulations, the Borrower’s country prohibits commercial relations with that country; or 

  2. by an act of compliance with a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, the Borrower’s Country prohibits any import of goods from that country or any payments to any country, person, or entity in that country.

  1. The Client shall notify the Consultant in writing of relevant local customs, and the Consultant shall, after such notification, respect such customs.

  1. Conflict of Interest

  1. The Consultant shall hold the Client’s interests paramount, without any consideration for future work, and strictly avoid conflict with other assignments or their own corporate interests.

a. Consultant Not to Benefit from Commissions, Discounts, etc.

21.1.1 The payment of the Consultant pursuant to GCC F (Clauses GCC 43 through 47) shall constitute the Consultant’s only payment in connection with this Contract and, subject to Clause GCC 21.1.3, the Consultant shall not accept for its own benefit any trade commission, discount or similar payment in connection with activities pursuant to this Contract or in the discharge of its obligations hereunder, and the Consultant shall use its best efforts to ensure that any Sub-consultants, as well as the Experts and agents of either of them, similarly shall not receive any such additional payment.

21.1.2 Furthermore, if the Consultant, as part of the Services, has the responsibility of advising the Client on the procurement of goods, works or services, the Consultant shall comply with the Bank’s Applicable Regulations, and shall at all times exercise such responsibility in the best interest of the Client. Any discounts or commissions obtained by the Consultant in the exercise of such procurement responsibility shall be for the account of the Client.

b. Consultant and Affiliates Not to Engage in Certain Activities

21.1.3 The Consultant agrees that, during the term of this Contract and after its termination, the Consultant and any entity affiliated with the Consultant, as well as any Sub-consultants and any entity affiliated with such Sub-consultants, shall be disqualified from providing goods, works or non-consulting services resulting from or directly related to the Consultant’s Services for the preparation or implementation of the project. 

c. Prohibition of Conflicting Activities

21.1.4 The Consultant shall not engage, and shall cause its Experts as well as its Sub-consultants not to engage, either directly or indirectly, in any business or professional activities that would conflict with the activities assigned to them under this Contract.

d. Strict Duty to Disclose Conflicting Activities

21.1.5 The Consultant has an obligation and shall ensure that its Experts and Sub-consultants shall have an obligation to disclose any situation of actual or potential conflict that impacts their capacity to serve the best interest of their Client, or that may reasonably be perceived as having this effect. Failure to disclose said situations may lead to the disqualification of the Consultant or the termination of its Contract.

  1. Confidentiality

  1. Except with the prior written consent of the Client, the Consultant and the Experts shall not at any time communicate to any person or entity any confidential information acquired in the course of the Services, nor shall the Consultant and the Experts make public the recommendations formulated in the course of, or as a result of, the Services.

  1. Liability of the Consultant

  1. Subject to additional provisions, if any, set forth in the SCC, the Consultant’s liability under this Contract shall be provided by the Applicable Law.

  1. Insurance to be taken out by the Consultant

  1. The Consultant (i) shall take out and maintain, and shall cause any Sub-consultants to take out and maintain, at its (or the Sub-consultants’, as the case may be) own cost but on terms and conditions approved by the Client, insurance against the risks, and for the coverage specified in the SCC, and (ii) at the Client’s request, shall provide evidence to the Client showing that such insurance has been taken out and maintained and that the current premiums therefore have been paid. The Consultant shall ensure that such insurance is in place prior to commencing the Services as stated in Clause GCC 13.

  1. Accounting, Inspection and Auditing

  1. The Consultant shall keep, and shall make all reasonable efforts to cause its Sub-consultants to keep, accurate and systematic accounts and records in respect of the Services and in such form and detail as will clearly identify relevant time changes and costs.

  2. Pursuant to paragraph 2.2 e. of Attachment 1 to the General Conditions, the Consultant shall permit and shall cause its agents (where declared or not), subcontractors, subconsultants, service providers, suppliers, and personnel, to permit, the Bank and/or persons appointed by the Bank to inspect the site and/or the accounts, records and other documents relating to the procurement process, selection and/or contract execution, and to have such accounts, records and other documents audited by auditors appointed by the Bank. The Consultant’s and its Subcontractors’ and subconsultants’ attention is drawn to Clause GCC 10.1 (Fraud and Corruption) which provides, inter alia, that acts intended to materially impede the exercise of the Bank’s inspection and audit rights constitute a prohibited practice subject to contract termination (as well as to a determination of ineligibility pursuant to the Bank’s prevailing sanctions procedures).

  1. Reporting Obligations

  1. The Consultant shall submit to the Client the reports and documents specified in Appendix A, in the form, in the numbers and within the time periods set forth in the said Appendix.  

  1. Proprietary Rights of the Client in Reports and Records

  1. Unless otherwise indicated in the SCC, all reports and relevant data and information such as maps, diagrams, plans, databases, other documents and software, supporting records or material compiled or prepared by the Consultant for the Client in the course of the Services shall be confidential and become and remain the absolute property of the Client. The Consultant shall, not later than upon termination or expiration of this Contract, deliver all such documents to the Client, together with a detailed inventory thereof. The Consultant may retain a copy of such documents, data and/or software but shall not use the same for purposes unrelated to this Contract without prior written approval of the Client.  

  2. If license agreements are necessary or appropriate between the Consultant and third parties for purposes of development of the plans, drawings, specifications, designs, databases, other documents and software, the Consultant shall obtain the Client’s prior written approval to such agreements, and the Client shall be entitled at its discretion to require recovering the expenses related to the development of the program(s) concerned.  Other restrictions about the future use of these documents and software, if any, shall be specified in the SCC.

  1. Equipment, Vehicles and Materials 

  1. Equipment, vehicles and materials made available to the Consultant by the Client, or purchased by the Consultant wholly or partly with funds provided by the Client, shall be the property of the Client and shall be marked accordingly.  Upon termination or expiration of this Contract, the Consultant shall make available to the Client an inventory of such equipment, vehicles and materials and shall dispose of such equipment, vehicles and materials in accordance with the Client’s instructions. While in possession of such equipment, vehicles and materials, the Consultant, unless otherwise instructed by the Client in writing, shall insure them at the expense of the Client in an amount equal to their full replacement value.

  2. Any equipment or materials brought by the Consultant or its Experts into the Client’s country for the use either for the project or personal use shall remain the property of the Consultant or the Experts concerned, as applicable.

  1. Code of Conduct

Not used

  1. Forced Labor

  1. The Consultant, including its Subconsultants, shall not employ or engage forced labor. Forced labor consists of any work or service, not voluntarily performed, that is exacted from an individual under threat of force or penalty, and includes any kind of involuntary or compulsory labor, such as indentured labor, bonded labor or similar labor-contracting arrangements. 

No persons shall be employed or engaged who have been subject to trafficking. Trafficking in persons is defined as the recruitment, transportation, transfer, harboring or receipt of persons by means of the threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power, or of a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purposes of exploitation.

  1. Child Labor

  1. The Consultant, including its Subconsultants, shall not employ or engage a child under the age of 14 unless the national law specifies a higher age (the minimum age). 

The Consultant, including its Subconsultants, shall not employ or engage a child between the minimum age and the age of 18 in a manner that is likely to be hazardous, or to interfere with, the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral, or social development.

The Consultant, including its Subconsultants, shall only employ or engage children between the minimum age and the age of 18 after an appropriate risk assessment has been conducted by the Consultant with the Client’s consent. The Consultant shall be subject to regular monitoring by the Client that includes monitoring of health, working conditions and hours of work. 

Work considered hazardous for children is work that, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety, or morals of children. Such work activities prohibited for children include work:

  1. with exposure to physical, psychological or sexual abuse;

  2. underground, underwater, working at heights or in confined spaces; 

  3. with dangerous machinery, equipment or tools, or involving handling or transport of heavy loads; 

  4. in unhealthy environments exposing children to hazardous substances, agents, or processes, or to temperatures, noise or vibration damaging to health; or

  5. under difficult conditions such as work for long hours, during the night or in confinement on the premises of the employer.

  1. Non-Discrimination and Equal Opportunity

  1. The Consultant shall not make decisions relating to the employment or treatment of Experts on the basis of personal characteristics unrelated to inherent job requirements. The Consultant shall base the employment of Experts on the principle of equal opportunity and fair treatment, and shall not discriminate with respect to any aspects of the employment relationship, including recruitment and hiring, compensation (including wages and benefits), working conditions and terms of employment, access to training, job assignment, promotion, termination of employment or retirement, and disciplinary practices. 

Special measures of protection or assistance to remedy past discrimination or selection for a particular job based on the inherent requirements of the job shall not be deemed discrimination. The Consultant shall provide protection and assistance as necessary to ensure non-discrimination and equal opportunity, including for specific groups such as women, people with disabilities, migrant workers and children (of working age in accordance with Clause GCC 31).

  1. Training of Experts

  1. The Consultant shall provide appropriate sensitization to the Experts on social aspects of the Contract, including on prohibition of SEA and SH.

The Consultant shall provide training on SEA and SH, including its prevention, to any of its Experts who has a role to supervise other Experts.

D.  Consultant’s Experts and Sub-Consultants

  1. Description of Key Experts

  1. The title, agreed job description, minimum qualification and estimated period of engagement to carry out the Services of each of the Consultant’s Key Experts are described in Appendix B.  

  1. Replacement of Key Experts

  1. Except as the Client may otherwise agree in writing, no changes shall be made in the Key Experts. 

  2. Notwithstanding the above, the substitution of Key Experts during Contract execution may be considered only based on the Consultant’s written request and due to circumstances outside the reasonable control of the Consultant, including but not limited to death or medical incapacity. In such case, the Consultant shall forthwith provide as a replacement, a person of equivalent or better qualifications and experience, and at the same rate of remuneration.

  1. Removal of Experts or Sub-consultants

  1. If the Client finds that any of the Experts or Sub-consultant:

  1. persists in any misconduct or lack of care;

 

  1. carries out duties incompetently or negligently;

 

  1. fails to comply with any provision of the Contract;

 

  1. based on reasonable evidence, is determined to have engaged in Fraud and Corruption during the execution of the Services; 

the Consultant shall, at the Client’s written request, provide a replacement.

  1. In the event that any of Key Experts, Non-Key Experts or Sub-consultants is found by the Client to be incompetent or incapable in discharging assigned duties, the Client, specifying the grounds therefore, may request the Consultant to provide a replacement.

  2. Any replacement of the removed Experts or Sub-consultants shall possess better qualifications and experience and shall be acceptable to the Client.

  3. Subject to the requirements in Clause GCC 36.3, and notwithstanding any requirement from the Client to request a replacement, the Consultant shall take immediate action as appropriate in response to any violation of (a) through (e) above. Such immediate action shall include removing (or causing to be removed) from carrying out the Services, any Expert who engages in (a) to (e) above.

  4. The Consultant shall bear all costs arising out of or incidental to any removal and/or replacement of such Experts.

E.  Obligations of the Client

  1. Assistance and Exemptions

  1. Unless otherwise specified in the SCC, the Client shall use its best efforts to:

  1. Assist the Consultant with obtaining work permits and such other documents as shall be necessary to enable the Consultant to perform the Services.

  2. Assist the Consultant with promptly obtaining, for the Experts and, if appropriate, their eligible dependents, all necessary entry and exit visas, residence permits, exchange permits and any other documents required for their stay in the Client’s country while carrying out the Services under the Contract.

  3. Facilitate prompt clearance through customs of any property required for the Services and of the personal effects of the Experts and their eligible dependents.

  4. Issue to officials, agents and representatives of the Government all such instructions and information as may be necessary or appropriate for the prompt and effective implementation of the Services.

  5. Assist the Consultant and the Experts and any Sub-consultants employed by the Consultant for the Services with obtaining exemption from any requirement to register or obtain any permit to practice their profession or to establish themselves either individually or as a corporate entity in the Client’s country according to the applicable law in the Client’s country.

  6. Assist the Consultant, any Sub-consultants and the Experts of either of them with obtaining the privilege, pursuant to the applicable law in the Client’s country, of bringing into the Client’s country reasonable amounts of foreign currency for the purposes of the Services or for the personal use of the Experts and of withdrawing any such amounts as may be earned therein by the Experts in the execution of the Services.

  7. Provide to the Consultant any such other assistance as may be specified in the SCC.

  1. Access to Project Site

  1. The Client warrants that the Consultant shall have, free of charge, unimpeded access to the project site in respect of which access is required for the performance of the Services.  The Client will be responsible for any damage to the project site or any property thereon resulting from such access and will indemnify the Consultant and each of the experts in respect of liability for any such damage, unless such damage is caused by the willful default or negligence of the Consultant or any Sub-consultants or the Experts of either of them.

  1. Change in the Applicable Law Related to Taxes and Duties

  1. If, after the date of this Contract, there is any change in the applicable law in the Client’s country with respect to taxes and duties which increases or decreases the cost incurred by the Consultant in performing the Services, then the remuneration and reimbursable expenses otherwise payable to the Consultant under this Contract shall be increased or decreased accordingly by agreement between the Parties hereto, and corresponding adjustments shall be made to the Contract price  amount specified in Clause GCC 39.1. 

  1. Services, Facilities and Property of the Client

  1. The Client shall make available to the Consultant and the Experts, for the purposes of the Services and free of any charge, the services, facilities and property described in the Terms of Reference (Appendix A) at the times and in the manner specified in said Appendix A.

  1. Counterpart Personnel

  1. The Client shall make available to the Consultant free of charge such professional and support counterpart personnel, to be nominated by the Client with the Consultant’s advice, if specified in Appendix A.

  2. Professional and support counterpart personnel, excluding Client’s liaison personnel, shall work under the exclusive direction of the Consultant.  If any member of the counterpart personnel fails to perform adequately any work assigned to such member by the Consultant that is consistent with the position occupied by such member, the Consultant may request the replacement of such member, and the Client shall not unreasonably refuse to act upon such request.

  1. Payment Obligation

  1. In consideration of the Services performed by the Consultant under this Contract, the Client shall make such payments to the Consultant for the deliverables specified in Appendix A and in such manner as is provided by GCC F below.

F.  Payments to the Consultant

  1. Contract Price

  1. The Contract price is fixed and is set forth in the SCC. The Contract price breakdown is provided in Appendix C. 

  2. Any change to the Contract price specified in Clause GCC 43.1 can be made only if the Parties have agreed to the revised scope of Services pursuant to Clause GCC 16 and have amended in writing the Terms of Reference in Appendix A.

  1. Taxes and Duties

  1. The Consultant, Sub-consultants and Experts are responsible for meeting any and all tax liabilities arising out of the Contract unless it is stated otherwise in the SCC.  

  2. As an exception to the above and as stated in the SCC, all local identifiable indirect taxes (itemized and finalized at Contract negotiations) are reimbursed to the Consultant or are paid by the Client on behalf of the Consultant.

  1. Currency of Payment

  1. Any payment under this Contract shall be made in the currency (ies) of the Contract.

  1. Mode of Billing and Payment

  1. The total payments under this Contract shall not exceed the Contract price set forth in Clause GCC 43.1.

  2. The payments under this Contract shall be made in lump-sum instalments against deliverables specified in Appendix A. The payments will be made according to the payment schedule stated in the SCC.  

46.2.1 Advance payment: Unless otherwise indicated in the SCC, an advance payment shall be made against an advance payment bank guarantee acceptable to the Client in an amount (or amounts) and in a currency (or currencies) specified in the SCC. Such guarantee (i) is to remain effective until the advance payment has been fully set off, and (ii) is to be in the form set forth in Appendix D, or in such other form as the Client shall have approved in writing. The advance payments will be set off by the Client in equal portions against the lump-sum installments specified in the SCC until said advance payments have been fully set off. 

46.2.2 The Lump-Sum Installment Payments. The Client shall pay the Consultant within sixty (60) days after the receipt by the Client of the deliverable(s) and the cover invoice for the related lump-sum installment payment.   The payment can be withheld if the Client does not approve the submitted deliverable(s) as satisfactory in which case the Client shall provide comments to the Consultant within the same sixty (60) days period. The Consultant shall thereupon promptly make any necessary corrections, and thereafter the foregoing process shall be repeated.    

46.2.3 The Final Payment. The final payment under this Clause shall be made only after the final report have been submitted by the Consultant and approved as satisfactory by the Client.  The Services shall then be deemed completed and finally accepted by the Client. The last lump-sum installment shall be deemed approved for payment by the Client  within ninety (90) calendar days after receipt of the final report by the Client unless the Client, within such ninety (90) calendar day period, gives written notice to the Consultant specifying in detail deficiencies in the Services, the final report.  The Consultant shall thereupon promptly make any necessary corrections, and thereafter the foregoing process shall be repeated.  

46.2.4 All payments under this Contract shall be made to the accounts of the Consultant specified in the SCC.

46.2.5 With the exception of the final payment under 46.2.3 above, payments do not constitute acceptance of the whole Services nor relieve the Consultant of any obligations hereunder.

  1. Interest on Delayed Payments

  1. If the Client had delayed payments beyond fifteen (15) days after the due date stated in Clause GCC 46.2.2, interest shall be paid to the Consultant on any amount due by, not paid on, such due date for each day of delay at the annual rate stated in the SCC.

G.  Fairness and Good Faith

  1. Good Faith

  1. The Parties undertake to act in good faith with respect to each other’s rights under this Contract and to adopt all reasonable measures to ensure the realization of the objectives of this Contract.

H.  Settlement of Disputes

  1. Amicable Settlement

  1. The Parties shall seek to resolve any dispute amicably by mutual consultation. 

  2. If either Party objects to any action or inaction of the other Party, the objecting Party may file a written Notice of Dispute to the other Party providing in detail the basis of the dispute. The Party receiving the Notice of Dispute will consider it and respond in writing within fourteen (14) days after receipt. If that Party fails to respond within fourteen (14) days, or the dispute cannot be amicably settled within fourteen (14) days following the response of that Party, Clause GCC 50.1 shall apply. 

  1. Dispute Resolution

  1. Any dispute between the Parties arising under or related to this Contract that cannot be settled amicably may be referred to by either Party to the adjudication/arbitration in accordance with the provisions specified in the SCC.



 

Attachment 1 

Fraud and Corruption

(Text in this Attachment shall not be modified)

 

  1. Purpose

    1. The Bank’s Anti-Corruption Guidelines and this annex apply with respect to procurement under Bank Investment Project Financing operations.

  2. Requirements

  1. The Bank requires that Borrowers (including beneficiaries of Bank financing); bidders (applicants/proposers), consultants, contractors and suppliers; any sub-contractors, sub-consultants, service providers or suppliers; any agents (whether declared or not); and any of their personnel, observe the highest standard of ethics during the procurement process, selection and contract execution of Bank-financed contracts, and refrain from Fraud and Corruption.

  2. To this end, the Bank:

  1. Defines, for the purposes of this provision, the terms set forth below as follows:

  1. “corrupt practice” is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party;

  2. “fraudulent practice” is any act or omission, including misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain financial or other benefit or to avoid an obligation;

  3. “collusive practice” is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party;

  4. “coercive practice” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party;

  5. “obstructive practice” is:

  1. deliberately destroying, falsifying, altering, or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a Bank investigation into allegations of a corrupt, fraudulent, coercive, or collusive practice; and/or threatening, harassing, or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or

  2. acts intended to materially impede the exercise of the Bank’s inspection and audit rights provided for under paragraph 2.2 e. below.

  1. Rejects a proposal for award if the Bank determines that the firm or individual recommended for award, any of its personnel, or its agents, or its sub-consultants, sub-contractors, service providers, suppliers and/ or their employees, has, directly or indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing for the contract in question;

  2. In addition to the legal remedies set out in the relevant Legal Agreement, may take other appropriate actions, including declaring misprocurement, if the Bank determines at any time that representatives of the Borrower or of a recipient of any part of the proceeds of the loan engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices during the procurement process, selection and/or execution of the contract in question,  without the Borrower having taken timely and appropriate action satisfactory to the Bank to address such practices when they occur, including by failing to inform the Bank in a timely manner at the time  they knew of the practices; 

  3. Pursuant to the Bank’s Anti- Corruption Guidelines and in accordance with the Bank’s prevailing sanctions policies and procedures, may sanction a firm or individual, either indefinitely or for a stated period of time, including by publicly declaring such firm or individual ineligible (i) to be awarded or otherwise benefit from a Bank-financed contract, financially or in any other manner; (ii) to be a nominated sub-contractor, consultant, manufacturer or supplier, or service provider of an otherwise eligible firm being awarded a Bank-financed contract; and (iii) to receive the proceeds of any loan made by the Bank or otherwise to participate further in the preparation or implementation of any Bank-financed project; 

  4. Requires that a clause be included in bidding/request for proposals documents and in contracts financed by a Bank loan, requiring (i) bidders (applicants/proposers), consultants, contractors, and suppliers, and their sub-contractors, sub-consultants, service providers, suppliers, agents personnel, permit the Bank to inspect all accounts, records and other documents relating to the  procurement process, selection and/or contract execution, and to have them audited by auditors appointed by the Bank.


 

  1. Special Conditions of Contract

[Notes in brackets are for guidance purposes only and should be deleted in the final text of the signed contract]

 

Number of GC Clause

Amendments of, and Supplements to, Clauses in the General Conditions of Contract

1.1(a) 

The Contract shall be construed in accordance with the law of India

4.1

The language is: English.

6.1 and 6.2

The addresses are [fill in at negotiations with the selected firm]:

 

Client :

 

Attention :

Facsimile :

E-mail (where permitted):

 

Consultant :

 

Attention :

Facsimile :

E-mail (where permitted) :

8.1

[Note: If the Consultant consists only of one entity, state “N/A”;

OR

If the Consultant is a Joint Venture consisting of more than one entity, the name of the JV member whose address is specified in Clause SCC 6.1 should be inserted here.]

The Lead Member on behalf of the JV is ___________ ______________________________ [insert name of the member] 

9.1

The Authorized Representatives are:

 

For the Client: [name, title]

 

For the Consultant: [name, title]

11.1

The effectiveness conditions are the following: Signing of Contract by both the parties, after due approvals. 

 

[modify, if required e,g. to include effectiveness of the Bank [loan/credit/grant]; receipt by the Consultant of an advance payment, and by the Client of an advance payment guarantee (see Clause SCC 50.1(a)); etc.]

12.1

Termination of Contract for Failure to Become Effective:

 

The time period shall be 30 days. [modify, if necessary].

13.1

Commencement of Services:

 

The number of days shall be 10 days. [modify, if necessary]

 

Confirmation of Key Experts’ availability to start the Assignment shall be submitted to the Client in writing as a written statement signed by each Key Expert.

14.1

Expiration of Contract: The time period shall be 4 Years

21 b.

The Client reserves the right to determine on a case-by-case basis whether the Consultant should be disqualified from providing goods, works or non-consulting services due to a conflict of a nature described in Clause GCC 21.1.3

 

Yes

23.1

No additional provisions. 

24.1

The insurance coverage against the risks shall be as follows:

 

(a) Professional liability insurance, with a minimum coverage of the total ceiling amount

 

(b) Third Party motor vehicle liability insurance in respect of motor vehicles operated in the Client’s country by the Consultant or its Experts or Sub-consultants, with a minimum coverage as per the latest Amended Motor Vehicles Act, India;

 

(c) Third Party liability insurance, with a minimum coverage of amount in accordance with the applicable law in India

 

(d) employer’s liability and workers’ compensation insurance in respect of the experts and Sub-consultants in accordance with the relevant provisions of the applicable law in the Client’s country, as well as, with respect to such Experts, any such life, health, accident, travel or other insurance as may be appropriate; and

 

(e) insurance against loss of or damage to (i) equipment purchased in whole or in part with funds provided under this Contract, (ii) the Consultant’s property used in the performance of the Services, and (iii) any documents prepared by the Consultant in the performance of the Services.

27.1

None

27.2

[The Consultant shall not use any data, documents and software for purposes unrelated to this Contract without the prior written approval of the Client.]

37.1 

(a) through (f)

[List here any changes or additions to Clause GCC 37.1. If there are no such changes or additions, delete this Clause SCC 37.1.]

37.1(g)

[List here any other assistance to be provided by the Client.  If there is no such other assistance, delete this Clause SCC 37.1(g).]

43.1

The Contract price is: Rs. ___________________ [insert amount] [indicate: inclusive or exclusive] of local indirect taxes.

 

Any indirect local taxes chargeable in respect of this Contract for the Services provided by the Consultant shall be paid by the Consultant. The Client shall only reimburse Goods & Services Tax (GST) payable on the contract value by the consultants, as per Applicable Law in India subject to the Client, performing such duties in regard to the deduction of taxes as may be lawfully imposed. However, Consultant shall have to produce to the Client, all relevant documents establishing the proof of payment/ filing of return to the tax authority etc. The consultant shall register itself for GST with appropriate authority in India & shall provide the Registration Number to the Client.

 

The amount of such taxes is ____________________ [insert the amount as finalized at the Contract’s negotiations on the basis of the estimates provided by the Consultant in Form FIN-2 of the Consultant’s Financial Proposal.]

44.1 and 44.2

The consultants, sub-consultants and the Personnel shall pay the taxes, taxes, duties, fees, levies and other impositions levied under the existing, amended or enacted laws during life of this contract and the client shall perform such duties in this regard to the deduction of such taxes as may be lawfully imposed.

The Client shall only reimburse the Goods and Services Tax (GST) payable on the contract value by the consultants, as per Applicable Law in India, subject to the Client, performing such duties in regard to the deduction of taxes as may be lawfully imposed. However, Consultant shall have to produce to the Client, all relevant documents establishing the proof of payment/ filing of return to the tax authority etc.

46.2

 

Key Deliverable

Timeline

Payment Milestone

Inception Report duly including review & validation of the already approved communication strategy, the way forward and proposals. This shall duly include at least three creative options for the campaign's creative approach.

Within 2 weeks of signing contract

No Payment

Task 1 – Development & Production of Mass Media Campaign

Monthly Payment against deliverables for the month after review and acceptance by the client

Production of first phase of campaign collaterals 

Within 6 weeks of signing contract

Rollout of first phase of mass media campaign

Within 8 weeks of signing contract

Task II- Ongoing Communications Support:

Ongoing for contract period

Task III- Digital Media Engagement

Ongoing for contract period

Development of social media strategy

Within 2 weeks of signing contract

Continuously update and implement the agreed Digital Media Engagement Strategy.

 

XXX-fold increase in followers in social media channels 

Within 3 months of signing contract

Website management 

Ongoing for contract period

Maintain digital presence of the project; 
Wikipedia, Google Business Profile, SEO etc.

Ongoing for contract period

Task IV – Evaluating Campaign Effectiveness

  

Development of research design for post campaign evaluation

Within 3 months of signing contract

Upon acceptance of research design for post campaign evaluation report by client (Quoted amount will be released)

Evaluate the effectiveness of the communications campaign.

At the End of first year

Upon completion of evaluation of campaign effectiveness by  submission and acceptance of report by client

46.2.1  

The following provisions shall apply to the advance payment and the advance bank payment guarantee:

 

(1) An advance payment of Rs…. [insert amount] shall be made within [insert number] days after the receipt of an advance bank payment guarantee and the invoice by the Client. The advance payment will be set off by the Client in equal portions against [list the payments against which the advance is offset].

 

(2) The advance bank payment guarantee shall be in the amount of the advance payment.

 

(3)  The bank guarantee will be released when the advance payment has been fully set off. 

46.2.4

The account is:

 

[insert account] for Rs.

47.1

The interest rate is: For local currency : 3% for INR part 

50.1

Disputes shall be settled by arbitration in accordance with the following provisions:

1. Selection of Arbitrators.  Each dispute submitted by a Party to arbitration shall be heard by a sole arbitrator or an arbitration panel composed of three (3) arbitrators, in accordance with the following provisions:

 

(a) Where the Parties agree that the dispute concerns a technical matter, they may agree to appoint a sole arbitrator or, failing agreement on the identity of such sole arbitrator within thirty (30) days after receipt by the other Party of the proposal of a name for such an appointment by the Party who initiated the proceedings, either Party may apply to [name an appropriate professional body, e.g., Indian Council of Arbitration/ President of the Institution of Engineers (India)/ The International Centre for Alternative Disputes Resolution (India)*] for a list of not fewer than five (5) nominees and, on receipt of such list, the Parties shall alternately strike names therefrom, and the last remaining nominee on the list shall be the sole arbitrator for the matter in dispute.  If the last remaining nominee has not been determined in this manner within sixty (60) days of the date of the list, [insert the name of the same professional body as above] shall appoint, upon the request of either Party and from such list or otherwise, a sole arbitrator for the matter in dispute.

 

(b) Where the Parties do not agree that the dispute concerns a technical matter, the Client and the Consultant shall each appoint one (1) arbitrator, and these two arbitrators shall jointly appoint a third arbitrator, who shall chair the arbitration panel.  If the arbitrators named by the Parties do not succeed in appointing a third arbitrator within thirty (30) days after the latter of the two (2) arbitrators named by the Parties has been appointed, the third arbitrator shall, at the request of either Party, be appointed by [name an appropriate appointing authority, e.g., Indian Council of Arbitration/ President of the Institution of Engineers (India)/ The International Centre for Alternative Disputes Resolution (India)*].

 

(c) If, in a dispute subject to paragraph (b) above, one Party fails to appoint its arbitrator within thirty (30) days after the other Party has appointed its arbitrator, the Party which has named an arbitrator may apply to the [name the same appointing authority as in said paragraph (b)] to appoint a sole arbitrator for the matter in dispute, and the arbitrator appointed pursuant to such application shall be the sole arbitrator for that dispute.

 

2. Rules of Procedure. Arbitration proceedings shall be conducted in accordance with the procedure of the Arbitration & Conciliation Act 1996, of India.

 

3. Substitute Arbitrators.  If for any reason an arbitrator is unable to perform his/her function, a substitute shall be appointed in the same manner as the original arbitrator.

 

4. Nationality and Qualifications of Arbitrators.  The sole arbitrator or the third arbitrator appointed pursuant to paragraphs 1(a) through 1(c) above shall be a recognized legal or technical expert with extensive experience in relation to the matter in dispute.

 

5. Miscellaneous.  In any arbitration proceeding hereunder:

 

(a) proceedings shall, unless otherwise agreed by the Parties, be held in the city where the contract is signed;

(b) the English language shall be the official language for all purposes; 

  1. the decision of the sole arbitrator or of a majority of the arbitrators (or of the third arbitrator if there is no such majority) shall be final and binding and shall be enforceable in any court of competent jurisdiction, and the Parties hereby waive any objections to or claims of immunity in respect of such enforcement.

  2. Where the value of the contract is Rs.50 million and below, the disputes or differences arising shall be referred to the Sole Arbitrator. The Sole Arbitrator should be appointed by agreement between the parties; failing such agreement, by the appointing authority, namely the Indian Council of Arbitration/President of the Institution of Engineers (India)/The International Centre for Alternative Disputes Resolution (India)*. 

  3. The Arbitrator should give final award within……… days of starting of the proceedings [indicate the days (Between 120-180) by which arbitrator should give award].

  4. Performance under the contract shall continue during the arbitration proceedings and payments due to the consultant by the Client shall not be withheld, unless they are the subject matter of the arbitration proceedings.

 

* Choose one alternative. Insert Chairman of the Executive Committee of the Indian Roads Congress (for highway project) or any other appropriate institution (for other types of consultancies).

Alternatively 

[Apart from the adhoc arbitration services obtained through mutually agreed Arbitrator(s) as above, Institutional arbitration services are also available in India. Institutional arbitration (and mediation) dispute resolution mechanisms can be gainfully used, preferably for relatively larger contracts. Following clause may be included, if it is decided to use Institutional Services for arbitration for resolution of disputes, and in such a case other clauses related to Arbitration/ Arbitrator would be deleted. In the sample clause below, substitute the reference to ‘Rules of Domestic Commercial Arbitration of the Indian Council of Arbitration’ by the specific institution that is sought to be engaged e.g. The International Centre for Alternative Dispute Resolution (ICADR), The Indian Institute of Arbitration and Mediation (IIAM), Indian Chamber’s Council of Arbitration, Delhi International Arbitration Centre (DAC), Construction Industry Arbitration Council (CIAC), Council For National and International Commercial Arbitration, London Court of International Arbitration (India Centre) or the like.]

"Any dispute or difference whatsoever arising between the parties out of or relating to the construction, meaning, scope, operation or effect of this contract or the validity or the breach thereof shall be settled by arbitration in accordance with the Rules of Domestic Commercial Arbitration of the Indian Council of Arbitration and the award made in pursuance thereof shall be binding on the parties.

 

The arbitral tribunal shall consist of 3 Arbitrators, arbitration proceedings shall be held at__________, India and the language of the arbitration proceedings and that of all documents and communications between the parties shall be English”. [ICA rules provide for arbitration tribunal of 3 arbitrators if the value of claim is over Rs 10 Million unless the parties have agreed otherwise for a sole arbitrator].


 

  1. Appendices

Appendix A – Terms of Reference

 

[This Appendix shall include the final Terms of Reference (TORs) worked out by the Client and the Consultant during the negotiations; dates for completion of various tasks; location of performance for different tasks; detailed reporting requirements and list of deliverables against which the payments to the Consultant will be made; Client’s input, including counterpart personnel assigned by the Client to work on the Consultant’s team; specific tasks or actions that require prior approval by the Client. 

 

Insert the text based on the Section 7 (Terms of Reference) of the ITC in the RFP and modified based on the Forms TECH-1 through TECH-5 of the Consultant’s Proposal. Highlight the changes to Section 7 of the RFP]

 

………………………………………………………………………………………………


 

Appendix B - Key Experts 

 

[Insert a table based on Form TECH-6 of the Consultant’s Technical Proposal and finalized at the Contract’s negotiations. Attach the CVs (updated and signed by the respective Key Experts) demonstrating the qualifications of Key Experts.]


 

……………………………………………………………………………………………………


 

Appendix C – Breakdown of Contract Price

 

[Insert the table with the unit rates to arrive at the breakdown of the lump-sum price. The table shall be based on [Form FIN-3 and FIN-4] of the Consultant’s Proposal and reflect any changes agreed at the Contract negotiations, if any. The footnote shall list such changes made to [Form FIN-3 and FIN-4] at the negotiations or state that none has been made.]

 

When the Consultant has been selected under Quality-Based Selection method, also add the following:

 

“The agreed remuneration rates shall be stated in the attached Model Form I. This form shall be prepared on the basis of Appendix A to Form FIN-3 of the RFP “Consultants’ Representations regarding Costs and Charges” submitted by the Consultant to the Client prior to the Contract’s negotiations.

 

 Should these representations be found by the Client (either through inspections or audits pursuant to Clause GCC 25.2 or through other means) to be materially incomplete or inaccurate, the Client shall be entitled to introduce appropriate modifications in the remuneration rates affected by such materially incomplete or inaccurate representations.  Any such modification shall have retroactive effect and, in case remuneration has already been paid by the Client before any such modification, (i) the Client shall be entitled to offset any excess payment against the next monthly payment to the Consultants, or (ii) if there are no further payments to be made by the Client to the Consultants, the Consultants shall reimburse to the Client any excess payment within thirty (30) days of receipt of a written claim of the Client.  Any such claim by the Client for reimbursement must be made within twelve (12) calendar months after receipt by the Client of a final report and a final statement approved by the Client in accordance with Clause GCC 46.2.3 of this Contract.”]


 

Model Form I

Breakdown of Agreed Fixed Rates in Consultant’s Contract

 

We hereby confirm that we have agreed to pay to the Experts listed, who will be involved in performing the Services, the basic fees and away from the home office allowances (if applicable) indicated below:

 

(Expressed in Rs.)

 

Experts

1

2

3

4

5

6

7

8

Name

Position

Basic Remuneration rate per Working Month/Day/Year

Social Charges1

Overhead1

Subtotal

Profit2

Away from Home Office Allowance

Agreed Fixed Rate per Working Month/Day/Hour

Agreed Fixed Rate per Working Month/Day/Hour1

Home Office

        
          

Work in the Client’s Country

        
          

 

1 Expressed as percentage of 1

2 Expressed as percentage of 4


 

 

Signature Date

 

Name and Title: 


 

Appendix D - Form of Advance Payments Guarantee

[See Clause GCC 42.2.1 and SCC 46.2.1]

 

{Guarantor letterhead or SWIFT identifier code}

 

Bank Guarantee for Advance Payment 

 

Guarantor: ___________________ [insert commercial Bank’s Name, and Address of Issuing Branch or Office]

Beneficiary: _________________ [insert Name and Address of Client]

Date: ____________[insert date]____

ADVANCE PAYMENT GUARANTEE No.: ___________[insert number]______

We have been informed that ____________ [name of Consultant or a name of the Joint Venture, same as appears on the signed Contract] (hereinafter called "the Consultant") has entered into Contract No. _____________ [reference number of the contract] dated ___[insert date]_________ with the Beneficiary, for the provision of __________________ [brief description of Services] (hereinafter called "the Contract"). 

Furthermore, we understand that, according to the conditions of the Contract, an advance payment in the sum of ___________ [insert amount in figures] (                       ) [amount in words] is to be made against an advance payment guarantee.

At the request of the Consultant, we, as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding in total an amount of ___________ [amount in figures] (                       ) [amount in words]1 upon receipt by us of the Beneficiary’s complying demand  supported by the Beneficiary’s a written statement, whether in the demand itself or in a separate signed document accompanying or identifying the demand, stating that the Consultant is  in breach of its obligation under the Contract because the Consultant:

 

(a)   has failed to repay the advance payment in accordance with the Contract conditions, specifying the amount which the Consultant has failed to repay;

(b) has used the advance payment for purposes other than toward providing the Services under the Contract.

It is a condition for any claim and payment under this guarantee to be made that the advance payment referred to above must have been received by the Consultant on their account number ___________ at _________________ [name and address of bank].

The maximum amount of this guarantee shall be progressively reduced by the amount of the advance payment repaid by the Consultant as indicated in certified statements or invoices marked as “paid” by the Client which shall be presented to us.  This guarantee shall expire, at the latest, upon our receipt of the payment certificate or paid invoice indicating that the Consultant has made full repayment of the amount of the advance payment, or on the __ day of _[month]__________, [year]__,2  whichever is earlier.  Consequently, any demand for payment under this guarantee must be received by us at this office on or before that date.

 

This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 revision, ICC Publication No. 758.

 

_____________________ 

[signature(s)]


{Note: All italicized text is for indicative purposes only to assist in preparing this form and shall be deleted from the final product.}

"},{"id":"OP00198518","notice_type":"Request for Expression of Interest","noticedate":"22-Sep-2022","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2022-10-24T00:00:00Z","submission_deadline_time":"12:00","project_ctry_name":"Ghana","project_id":"P171933","project_name":"Ghana Landscape Restoration and Small Scale Mining Project","bid_reference_no":"GH-EPA-307364-CS-QCBS","bid_description":"Project works and infrastructural consultants for the Ghana Landscape and Small Scale Mining Project - EPA PCU","procurement_group":"CS","procurement_method_code":"QCBS","procurement_method_name":"Quality And Cost-Based Selection","contact_address":"P.O. Box M.326\nAccra, GR\nGhana","contact_ctry_name":"Ghana","contact_email":"icacquah2012@gmail.com","contact_name":"Isaac Charles Acquah","contact_organization":"Environmental Protection Agency","contact_phone_no":"0243004082","contact_web_url":"http://www.epa.gov.gh/epa/","submission_date":"2022-09-22T00:00:00Z","notice_text":"

REQUEST FOR EXPRESSION OF INTEREST

(CONSULTING SERVICES – FIRM SELECTION)

 

Ghana Landscape Restoration and Small-Scale Mining Project (GLRSSMP)

Credit No.: IDA 69690

 

Assignment Title: Project works and infrastructural consultants for the Ghana Landscape and Small-Scale Mining Project - EPA PCU (Consultancy Service to Design and Supervise Small Infrastructural Works Under the Project and Conduct the Environmental and Social Assessments and Monitoring)

Reference No.: (GH-EPA-307364-CS-QCBS)

 

The Environmental Protection Agency (EPA) through the Government of Ghana has received financing from the World Bank toward the cost of the Ghana Landscape Restoration and Small-Scale Mining Project (GLRSSMP), and intends to apply part of the proceeds for consulting services.

 

The overall objective of this assignment is to design and supervise small infrastructural works under the Project and conduct the Environmental and Social Assessments and Monitoring as the infrastructural consultants of the Project.

 

The consulting services (“the Services”) include the incorporation of Environmental/sustainability issues in the planning, design, construction and implementation of the various facilities, identify potential E&S risks and impacts and propose measures to mitigate them; Preparation of  environmental assessment reports for the proposed construction and operation works of these facilities (i.e. preliminary environmental report to meet national requirement and an ESIA and ESMP to meet World Bank requirements); undertaking of broad relevant stakeholder engagements with project implementers and beneficiaries in the decision-making process; develop Grievance Redress Mechanism to address complaints and grievances that may arise in the course of Project implementation; provide design and costing for the water systems in accordance with requisite standards/codes and in conformity to general civil engineering and architectural practice and World Bank environment and safeguards guidelines; make recommendations on measures and alternatives to ensure sustainability of these facilities after they have been established to impact positively on beneficiary communities; and undertaking a supervisory role for the planning, design and construction of all infrastructure and facilities to be established and assist the PCU in the procurement processes of the same.

 

The estimated level of effort (professional staff-months) is 360-staff-months. The duration of the assignment is estimated at Sixty (60) Months and the assignment is expected to start in March 2023.

 

The detailed Terms of Reference (TOR) for the assignment are attached to this Request for Expressions of Interest.

 

The Environmental Protection Agency (EPA) now invites eligible consulting firms (“Consultants”) to indicate their interest in providing the Services. Interested Consultants should provide information demonstrating that they have the required expertise, qualifications and relevant experience to perform the Services. The shortlisting criteria are:

 

1. The core business of the firm should be in the different aspects of designing, supervising and conducting environmental due diligence for the construction of infrastructural facilities.

2. Firm should be legally registered and in good standing in Ghana (provide proofs of legal registration and operation of firm).

3. Experience in cooperation and engagement with stakeholders in local/rural communities in the construction, supervision and design of infrastructural facilities for local communities for long term benefit.

4. Demonstrated experience in completing a minimum of five (5) assignments of similar nature and complexity.

5. Minimum of five (5) years’ experience of designing infrastructure located within sensitive ecological areas, such as protected areas.

6. Proven track record of having successfully completed three (3) assignments of similar nature and complexity in preparing ESIAs following the requirements of the relevant laws of Ghana.

7. Experience in executing World Bank funded assignments/contracts.

 

Key Experts will not be evaluated at the shortlisting stage.

 

The attention of interested Consultants is drawn to Section III, paragraphs, 3.14, 3.16, and 3.17 of the World Bank’s “Procurement Regulations for IPF Borrowers” July 2016 revised November 2017, August 2018 and November 2020 (“Procurement Regulations”), setting forth the World Bank’s policy on conflict of interest. In addition, please refer to the following specific information on conflict of interest related to this assignment as per paragraph 3.17 of the Procurement Regulations. Any false declaration will result in disqualification.

 

Consultants may associate with other firms to enhance their qualifications, but should indicate clearly whether the association is in the form of a joint venture and/or a sub-consultancy. In the case of a joint venture, all the partners in the joint venture shall be jointly and severally liable for the entire contract, if selected.

 

A Consultant will be selected in accordance with the Quality and Cost Based Selection (QCBS) method set out in the Procurement Regulations.

 

Further information can be obtained at the address below during office hours, i.e. 0900 to 1600 hours local time.

 

Expressions of interest must be delivered in a written and printed form to the address below in person by Monday, 24th October, 2022 at 1200 hours GMT (Ghana Time). All packets containing the Expression of Interest Document must be sealed and clearly labelled/marked “Expression of Interest for Project works and infrastructural consultants for the Ghana Landscape and Small-Scale Mining Project - EPA PCU (Consultancy Service to Design and Supervise Small Infrastructural Works Under the Project and Conduct the Environmental and Social Assessments and Monitoring)”.

 

For firms situated outside the borrower’s country who, due to the COVID 19 restrictions, cannot deliver their hard copies before the stated date, should submit a softcopy version of their printed copies at icacquah@hotmail.com and jacob.attiogbe@epa.gov.gh.

 

Expressions of interest must be delivered in a written and printed form (FOUR COPIES) to the address below in person by Monday, 24th October, 2022 at 1200 hours GMT (Ghana Time).

 

The Project Coordinator

Ghana Landscape Restoration and Small-Scale Mining Project

Project Coordinating Unit

Environmental Protection Agency

Head Office Building, Room 306

#1 Energy Close, Starlets 91 Street, Ministries, Accra

P. O. Box M326, Ministries, Accra

Tel No.: +233-302-664698/ 662465/ 667524/ 050-1301385

E-mail: icacquah@hotmail.com; info@epa.gov.gh

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TERMS OF REFERENCE

 

PROJECT WORKS AND INFRASTRUCTURAL CONSULTANTS FOR THE GHANA LANDSCAPE AND SMALL-SCALE MINING PROJECT - EPA PCU

(CONSULTANCY SERVICE TO DESIGN AND SUPERVISE SMALL INFRASTRUCTURAL WORKS UNDER THE PROJECT AND CONDUCT THE ENVIRONMENTAL AND SOCIAL ASSESSMENTS AND MONITORING) – (GH- EPA-307364-CS-QCBS)

  1. BACKGROUND

The Environmental Protection Agency (EPA), responsible for landscape restoration activities, and the Ministry of Lands and Natural Resources (MLNR), responsible for formalization of Artisanal Small-scale Mining (ASM) are currently implementing the Ghana Landscape Restoration and Small-Scale Mining Project (GLRSSMP) in support of targeted actions to address land degradation through sustainable Integrated Landscape Management (ILM).

The GLRSSMP is funded by the World Bank / International Development Association credit, with leveraged grant financing from the Global Environment Facility (GEF), the PROGREEN Trust Fund, and the Extractives Global Programmatic Support Trust Fund to upscale and support the Government of Ghana in sustainable land management to address land degradation in Ghana. 

The goal of the six-year project is to strengthen integrated natural resource management and increase benefits to communities in targeted savannah and cocoa forest landscapes. The project involves five basic components:[1]

 

The component aims to strengthen the planning and policy framework by carrying out spatial planning and implementation at the sub-basin level, policy support, and capacity building, working with administrative and technical agencies located within the regions and districts within the 13 target sub-basins in the project area. Support is included for ILM planning and fostering partnerships to support the adoption of sustainable landscape management approaches at scale within project areas. This component will also enhance multipurpose land and water management models at the national level by acquiring remote sensing data and geological surveys, which will allow the production of updated maps with additional layers of information. It will also support the development of spatial planning tools for mapping and monitoring impacts and effective monitoring of sustainable cocoa production.

 

This component aims to strengthen the regulatory framework for ASM, with a focus on modernizing regulatory instruments and building the capacity of key government agencies involved in ASM regulation and compliance monitoring (such as Minerals Commission [MC], Forestry Commission [FC], and EPA) as well as district management committees. It will also support ASM formalization through (a) reclassification of mining to include medium-scale mining licenses and registration of license holders; (b) streamlining ASM administration; and (c) enhancing district capacity to manage ASM. Once the updated regulatory framework has been established, this component will also invest in improving the capacity of ASM operators' by providing training on sustainable and forest-smart mining techniques, which will draw on the analytics and modelling of Component 1.

 

This component aims to link improved food production and ecological integrity by investing in production and forest landscapes by promoting climate-smart agriculture, conservation, and restoration activities and support agriculture value chains. This component will support sustainable practices in production landscapes for key food crops; value chains for key commodity crops, including cocoa, shea nut, and cashew; value addition for food crops; sustainable water and land management interventions, including silvo-pastoral and riparian vegetation establishment activities.

 

This component aims to support robust project management and monitoring (including financial, internal audit, and procurement management; monitoring and evaluation [M&E]; Environmental and Social (E&S) risk management; supervision, implementation, and monitoring of the Grievance Redress Mechanism [GRM]; monitoring the implementation of the Gender Action Plan; and so on); better communication outreach and dissemination; appropriate stakeholder engagement; and adequate knowledge management.

 

A Contingent Emergency Response Component (CERC) with zero allocation will be created and made implementation-ready to allow the GoG to respond quickly in case of an eligible emergency.

 

1.1 INTRODUCTION

Ghana is largely agrarian and natural resource dependent. The agriculture, forestry, and fishing sector (as reported in the national statistics) employs about 3.3 million of the rural population; the cocoa sector is reported to employ 1 million households. Together, renewable and non-renewable natural resources contribute significantly to livelihoods for the most vulnerable rural communities. Rural employment makes up 49.1 percent (4.6 million) of total employment in Ghana. Informal employment, including a huge number of unskilled workers in agriculture and forestry, provides livelihoods for more than 70 percent of the rural population, particularly to the country’s poorest households.

 

However, in the advent of climate change and resulting impacts and more recently, the COVID-19 pandemic, most rural livelihoods have become stressed leading to unsustainable incomes. It is also evident that natural resources, including land and forests will continue to serve as the vehicle for long-term inclusive growth recovery and economic empowerment. Therefore, efforts have to be made to provide alternative livelihood opportunities to the rural population, largely smallholders to cushion them against the effects of changes in the global climate and changing disease patterns on their incomes. In introducing such interventions, it is very critical to put up infrastructure that will respond to the environmental, social and economic dynamics prevailing in the zones.

The project intends to apply part of the funds to undertake construction of a number of water storage structures (i.e., dugouts and weirs), development of post-harvest processing infrastructure for natural resource based additional livelihood interventions and other facilities (such as the game platform) based on needs assessments on yearly basis. This is to improve access to water and watering of wild animals and livestock, the shelf life of agricultural products and income to contribute to the development of the national parks and socio-economic benefits of surrounding communities of the parks and agricultural communities. These subproject activities form part of the Component 3 activities.

As part of the project, EPA intends to commission services of a consulting firm to develop designs and drawings, prepare bills of quantities and cost estimates, and undertake required environmental and social due assessments and monitoring for select infrastructure.

 

1.2 Proposed Projects for the assignment

The proposed interventions may likely have both positive and negative environmental and social impacts and therefore environmental and social due diligence be conducted in accordance with Government of Ghana precautionary principles and relevant World Bank Environmental and Social Standards.

 

  1. OBJECTIVES

The Terms of Reference is for a Framework Contract Agreement seeking to engage a consulting firm to provide individual experts to support the Project Coordination Unit (PCU) at the EPA in conducting environmental and social due diligence, feasibility, design and supervision of construction works as listed above in (Section 1.2).

 

The objectives of the assignments are to:

 

3.0       Scope of SERVICES, TASKS (COMPONENTS) AND EXPECTED DELIVERABLES

All the tasks are to be carried out with close cooperation with MoFA, WD, EPA and PCU, concerned government agencies and the World Bank.

The Consultant will undertake the design of all civil works or facilities listed in Table 1 below except the water management systems i.e., Waterholes Weirs and dugouts. The consultant is expected to coordinate closely with the consultant involved in the design of the water management systems, through regular meetings and exchange of reports. The EPA will arrange for introductions.

                                                

3.1 DESIGN PHASE

Provide design for planned works in accordance with requisite standards/codes and in conformity to general civil and agricultural engineering and architectural practice and World Bank Environment and Social Safeguards

The consultant will be responsible for development of detailed architectural designs and drawings and preparing costed bills of quantities.

 

Preliminary Investigations

 

Detailed design and Tender documents

 

3.2 ENVIRONMENTAL AND SOCIAL ASSESSMENT

The Environmental and Social assessment will involve the preparation of site specific Environmental and Social Impact  (ESIAs) and Environmental and Social Management Plans (ESMPs) (and other documents as may be required under the Ghana law) to strategically and comprehensively identify the potential environmental and risks and impacts of the various subproject activities in its area of influence; examine alternatives and propose mitigating, monitoring and institutional measures for adverse environmental and social impacts of these activities within their respective   locations. 

 

The Ghana EPA has requested that the projects should be subjected to preliminary environmental assessment for the requisite authorization to cover the construction and use of the dugouts/weirs. A screening of the projects mentioned in 1.2 is classified as substantial in terms of environmental and social risk under the World Bank Environmental and Social Framework. This implies that (i) potential impacts are less adverse and more limited, fewer, site specific and likely to reversible and (ii) mitigation measures can be more easily designed and implemented. Projects listed under Schedule 1 of the Ghana Environmental Assessment Regulations, 1999 (LI 1652) are equivalent to substantial environmental and social risk classification.

 

The consulting firm/lead consultant will undertake the preparation of Environmental and Social Impact Assessments (as determined through screening) and site specific ESMPs for facilities in the Northern Savannah Zone (NSZ), Transitional Ecological Zone (TEZ) and the Cocoa Landscape.

 

 

Table 1: Required Instruments for specific activities

S/N

Site/Community

District

Proposed Subproject

Site Characteristics

  1. ESIA for Civil Works in / around Mole National Park
  1.  

Mole National Park

West Gonja

Tree Hide

The site is in the park and is generally sloppy toward the south

  1.  

Mole National Park

West Gonja

Water Hole (Lana Pool)

Generally flat and waterlogged

  1.  

Mole National Park

West Gonja

Viewing Platform (Asibey Pond)

Generally flat with spots of vegetation

  1.  

Mole National Park

West Gonja

Water Hole (Grupe)

Existing drain (Grupe stream) that collects temporary

  1.  

Mole National Park

West Gonja

Complete and operationalize Field Research Centre in MNP

Existing structure

  1.  

Mole National Park

West Gonja

Construct Viewing Platforms, Tree hide, Camping Sites, Directional Signages and medium/long Range Foot Safari trails (km) with rest stops (camping sites)

 

The Viewing Platforms, Tree hide and directional signs will be done by one contractor. The trails and basic camping sites with rest stops will be done by the park staff)

  1.  

CREMA Community/Jang

Sawla Tuna Kalba

Dugout (Livestock watering)

The land is bear with sparse shrubs, and drained by the Henag Conbre Stream

  1.  

CREMA Community/Dabore

Sawla Tuna Kalba

Dugout (Livestock watering)

The site has an existing dam surrounded with vegetation

  1.  

Various fringe community locations

 

 

Assist develop the capacity of 4 fringe communities to develop and manage their ecotourism potentials as additional livelihood venture (Mognori, Larabanga, Jelinkon Ghana Tourist Authority and HOTCAT are responsible for such training at Murugu): Construct simple receptive centres

Brownfield developments

  1. Preliminary Environmental Assessment Report with site specific ESMPs for small community and FC infrastructure – Upper East and Upper West Regions
  1.  

Tilli

 

 

Two room quarters for FSD / WD staff to manage East Wildlife Corridor and six FRs

The location is inside the Forest Reserve and is heavily degraded, not much vegetation

  1.  

Gbele Resource Reserve

 

Develop internal Access Tracks / Trails with appropriate culverts, Irish crossings and spot improvements to facilitate ecological monitoring: Tented Camp - Satellite Camp1 (12km) and Yelibie - Timmie (10km)

Small footprint, similar works were done under SLWMP (ESIF was done under SLWMP)

  1.  

2 communities in the Northern Savanna Zone

 

Establish 2 Dawadawa Processing and training Centres to train women in hygenic processing, packaging and marketing

 

  1.  

Vieha

Wa East

Processing facility

The site has an existing old mosque that is not in use

  1.  

Sheiga

Bawku West

Processing facility

The site is undeveloped and has a well (not in use)

  1.  

Bullu

Sissala West

Processing facility

The land is flat with sparse vegetation

  1.  

Sakalu

Sissala East

Processing facility

The site is undeveloped with some shrubs

  1.  

Kayero

Kassana Nankana

Weir

The site is close to a water body

  1. Preliminary Environmental Assessment Report with site specific ESMPs for small community and FC infrastructure – Cocoa Forest Landscape 
  1.  

Southern Scarp forest reserve

 

Development of hiking trails / walkways etc. at Odweanoma paragliding site

 

An Eco-friendly exhibition room

 

  1.  

Two communities within the cocoa forest landscape

 

A community in cocoa landscape with a palm oil crusher  

 

  1.  

Two Kogyae fringe communities

 

Establish Mini-Industrial Gari Processing Plant for women groups in 2 fringe communities

 

  1. ESIA for Digya National Park
  1.  

Dome Settlement (Digya National Park)

Sekyere Central

a) Solar Powered Borehole

Generally flat terrain

Sekyere Central

b) Toilet facilities

Bare land

  1.  

Agoam Saboso/Digya National Park

Sekyere Afram Plains

a) Solar Powered Borehole

The site has some trees and shrubs

Sekyere Afram Plains

b) Toilet facilities

The site has some trees and shrubs

Sekyere Afram Plains

Game Viewing Platform

The site is undulating (close to the Tato range) and close to the Sene River which serves as elephant pool

  1.  

Digya National Park

 

Construct Game viewing platforms at Elephant Pools 

 

Develop Safari Trails for Game Viewing

 

  1.  

Nsugyaso/ Digya National Park

Kwahu Afram Plains South

Viewing Platform

The site is covered with trees and overlooks the existing pool

  1. Initial Registration and permit for proposed prefab offices on EPA compound
  1.  

EPA Headquarters

Accra

Four room prefab offices

 

 

The Environmental and Social Assessment process description is in Annex A.

 

Grievance Redress Mechanism (GRM)

The ESMP should also include elements of the project GRM as well as information relevant to the workers’ GRM, to ensure that site workers’, communities’, interest groups’ concerns are received and addressed appropriately.

 

3.3 SUPERVISION OF CONSTRUCTION WORKS (SUPERVISING CONSULTANT) AND ENVIRONMENTAL AND SOCIAL MONITORING

Supervision

It shall be the responsibility of the Consultant supervise all construction operations on behalf of the Client and to ensure that works of Contractor (s) are carried out as specified. The Consultant shall ensure that the Contractor obligations in the C-ESMPs are appropriately monitored as included in the procurement and contract documents.

 

Preparation and Implementation Plan

For time control of project implementation, the Consultant in coordination with the Client during the preparatory phase shall:

 

     II.   Supervision of Construction Works

  1. Contractor (s)’ construction equipment
  2. Quality and quantity of materials for construction
  3. Testing procedures and results
  4. Constructed works on site

 

 

  1.    Instructions to the Contractor(s)

The services will include issuing field instructions in writing as required relating to:

 

  1. Inspection of Progress of Works

 

  1.  Payment of Certificates

The Consultant shall:

 

3.4 MONITOR IMPLEMENTATION OF ENVIRONMENTAL AND SOCIAL RISK MANAGEMENT REQUIREMENTS

The Consultant would work closely with the PCU and relevant Beneficiary Agencies (BAs) staff in all key environmental and social related activities, with an emphasis on coordination and capacity building;

  1. In liaison with the Constructional Supervision Consultant (CSC), PCU and BAs staff, review contractor bids and ensure they adequately address environmental and social requirements as set out in ESMPs and all the latest environmental and social requirements of the World Bank and GOG, and ensure the Contractors have all plans, procedures, approvals, and documentation in place for ESMP compliance prior to commencement of any work;
  2. Ensure smooth implementation of the Environmental and Social Management Plans developed, including developing a system and schedule for regular site visits, environmental sampling, follow up consultations with local residents on issues and environmental and social concerns arising during project construction;
  3. Check that the environmental and social risks and impacts issues outlined in the ESMP and CESMP are being adequately addressed in the field by contractors and are being monitored closely by the CSC, including reviewing and verifying CSC monitoring reports;
  4. Ensure reporting protocols in the ESMP and CESMP are followed (including quarterly reports and annual reports) in a timely fashion, are of good quality, and ensure that reports are disseminated to stakeholders according to guidelines in the ESMS;
  5. Collaborate with Environmental Protection Agency on regulatory compliance issues (for water quality, noise and dust from construction sites, sanitation in workers campsite, etc.) and with other national authorities as needed;
  6. Assist PCU and BAs to carry out necessary issuing of penalties, works stoppage, and other non-compliance measures;
  7. Conduct follow-up consultations and interviews with local residents to identify concerns or grievances arising during the various construction contracts, and ensure that grievances follow proper channels as established by the Grievance Redress Mechanism
  8. Assess Community and District capacity gaps and training needs on environmental and social issues and propose capacity building measures to PCU for inclusion in the project Capacity Building Plan.

 

3.5 MONITORING THE IMPLEMENTATION OF OCCUPATIONAL HEALTH AND SAFETY PLAN AND LABOUR MANAGEMENT PROCEDURES:

 

  1. The Consultant shall work closely with the PCU and staff of relevant Beneficiary Agencies in ensuring compliance with national and World Bank occupational health and safety laws, procedures, guidelines and specifications, and provide advice on measures needed to minimize hazards, accidents or unhealthy situations in construction sites;
  2. Liaise with the Contractor’s supervisor to ensure Contractors develop and implement their Labour Management Plans to ensure that all contractors establish a safe workplace according to Ghana’s legal standards and Labour Management Procedures (LMP) outlined in the ESMF and World Bank ESS 2 and foster a culture of attention to health and safety in all work sites under the project throughout the project life cycle; 
  3. Prepare and/or update health and safety management plans, policies, systems, procedures and guidelines for construction works under the project, review them on a regular basis and keep them up to date at all times.
  4. Advise PCU, contractors, BAs, consultants and other stakeholders on various safety and health related matters related to project implementation.
  5. Support the PCU and staff of Beneficiary Agencies in raising awareness on health and safety issues among project staff, consultants, contractors and other stakeholders.
  6. Conduct risk assessment at all construction sites, outline preventive measures on health and safety and work with the PCU to enforce these measures.
  7. Initiate, organize and conduct health and safety training for BAs, PCU, contractors, consultants and other stakeholders.
  8. Inspect work sites and the work of contractors on a regular basis to identify issues or non-conformity, and recommend necessary actions to the PCU where unsafe acts or processes that seem dangerous or unhealthy are detected.
  9. Oversee installations, maintenance and disposal of substances, plant and equipment etc. to ensure they are done in conformity with applicable laws and industry best practice.
  10. Ensure the Contractor promptly notify the Project of any incident or accident related to the subproject including situations of fatalities or serious bodily harm and incidents of on SEA/SH
  11. Record and investigate incidents (including near misses) to determine the cause and to propose improvements to processes in the future. Such investigations shall exclude reports on SEA/SH.
  12. Prepare reports on incidents (including near misses) and compile statistical information on health and safety issues and present them to the PCU for action;
  13. Ensure that Contractor workers have contracts and each worker signs the workers code of conduct and adhere to the obligations under their contract and Code of conduct.
  14. Ensure that all health and safety policies, procedures, rules and regulations are adhered to by all contractors during construction works, and are regularly reviewed, updated and communicated.
  15. Ensure that safety inspections, audits, risk assessments, working procedures are managed, and contractors and their staff are aware of their responsibilities in relation to health and safety issues.
  16. Establish and conduct a structured programme of health and safety training (including a well-developed induction program) for PCU staff, BAs, contractors, consultants and other stakeholders.
  17. Participate in regular site meetings, provide necessary advice and report on relevant health and safety matters to the PCU in accordance with the terms of the contract Prepare quarterly and annual reports on health and safety matters as it relates to construction works according to standard reporting guidelines for health and safety issues;

In collaboration with the PCU, assist in coordination and implementation of health and safety related activities.

  1. Ensure workers put on appropriate Personal Protective Equipment (PPE) at construction sites.
  2. Ensure adherence and compliance to Covid-19 protocols in line with World Bank guidelines and GoG restrictions.

 

     Supervision of Construction Works

 

 

 

    1. Contractor (s)’ construction equipment and method of construction
    2. Quality and quantity of materials for construction
    3. Testing procedures and results
    4. Constructed works on site

 

 

 

4.0 DELIVERABLES

 

The Lead expert or consulting firm will be required to prepare and submit the following deliverables:

Table 2: Contract implementation schedule and required report

SN

Type of Reports

Schedule

1

 

Registration and Permit - Prior to the assignment, the consultant will work with the Project Coordinating Unit (PCU)-EPA to facilitate the registration of the proposed subproject by filling and submitting an Environmental Assessment Registration Form to EPA. This will pave the way and begin formal engagement with the EPA on the environmental permitting process

Two (2) weeks after contract signing

2

Inception Report – This will include the design phase where the consultant is expected to map the entire assignment and identify key features structure, criteria for success and major deliverables are all planned out.  

It will outline approach/ methodology to the assignment preparation. This is to be done in consultation with the Project Team and the World Bank.  

The inception report will also include a detailed work plan which will refine and elaborate on the information presented in these terms of reference to bring greater precision to the conduct of the assignment. It shall be based on a preliminary review of the documentation, discussions with key stakeholders, literature review, etc.

Five (5) weeks after contract signing

3

Technical Assessment and Preliminary design for the Works: - The findings and recommendation of the consultant covering all aspects (including the engineering works) of the design, aspects detailing the works that needs to be done. The report shall include maps, plans and diagrams as necessary

Four (4) weeks after the acceptance of the Inception Report

4

Environmental and Social Impact Assessments (ESIA)

An ESIA predicts the environmental and social risks and impacts of the proposed interventions. It is carried out before project implementation and proposes measures to mitigate potential adverse risks and impacts.

Twelve (12) weeks after the acceptance of the Inception Report

5

Environmental and Social Management Plan for each of the proposed interventions. The ESMP will outline all the issues indicated/specified in the scope of work detailed in the World Bank requirements for the preparation of an ESMP.  The ESMP should have annexes showing evidence of consultations, maps, photographs taken at various sites, GPS coordinates of various sites etc made for the purposes of this report

Sixteen (16) weeks after the acceptance of the Technical Assessment

6

Design Reports - Submit draft designs of the various processing facilities to the PCU and will be required to do a power point presentation for discussion and selection of preferred designs. The consultant shall submit the completed design package including all drawings and technical specifications based on the recommended viable options from the conclusion of the Technical Assessment. These would include:

  1. Typical architectural design and detail working drawings for the specific structures.
  2. Structural analysis, report and detail structural drawings of the designs.
  3. Electrical layout, sanitary drawings (as applicable).
  4. Costed bills of quantities
  5. Detail estimation of design.
  6. Specification of materials and methodology to be conducted during the construction period.
  7. Quantities and consultants estimate for each of the Project

Six (6) weeks after the acceptance of the ESMF

7

Bidding/Tender Documents

Along with the design and specifications as indicated above, the consultant shall present a Bidding document for the civil works. The Bidding Document will be prepared based on the requirements of WB Procurement Regulations

One (1) week after the acceptance of the design reports

8

Supervision: - This report will outline all supervisory activities, statuses, findings and recommendations including:

1. Site handing over with PCU and contractors together with Consultants

2. Coordinate the preparation of contract mobilization request or certificates from contractors

3. Supervision of site preparation activities (site office, site camps etc.)

4. Inspection of construction equipment/materials to conform to contract requirements

5. Confirmation of personnel on site to ensure that it conforms to contract requirements

6. Coordinate the assessment and approval of sub-contractors where applicable

7. Daily supervision of contract implementation (construction phase)

8. Coordinate regular site meetings with PCU team

9. Coordinate certificate preparation to PCU for payment

10. Ensure compliance with approved designs and all bank regulatory requirements by contractor

It will run through the entire implementation period of the respective contracts including DLP

9

Mobilization Report

This report will describe the plan the consultant has established for the supervision portion of the assignment. It will include the Methodology, Scoping, methods and parameters for supervision, methods of consultation with the construction contractors including quality Assurance, Health and Safety issues.  The report will also include detailed program of work for the supervision phase

A week after contract signing with the respective contractors

10

Monthly Reports- The consultant shall submit comprehensive monthly reports on the supervision and progress of the works. The report will include, overall progress of work, based on the contractors’ reports and consultant’s observations, reports on environmental and social compliance, forecast of activities (including financial forecast), challenges, recommendations and all necessary contract data.

 

submitted not later than ten (10) days after the end of the reporting month

11

Minutes of Meetings

The Consultant shall issue comprehensive minutes of regular and special meetings and distribute copies or may be attached to the monthly progress reports or depending on the circumstances, may be submitted as separate documents.

 

Five (5) days after each meeting

12

Certificate of Completion: -

Coordinate/ensure full implementation of the contract requirements i.e. designs, BOQ, specifications and other requirements and certify that work done is 100% and deserve to be rated as such.

Two (2) week after completion notification from contractor

13

Final Completion Report

A final report will be submitted within 4 weeks after the issuance of the certificate of provisional acceptance

Two (2) weeks after expiration of DLP

 

5.0       TEAM COMPOSITION AND QUALIFICATION REQUIREMENTS FOR THE KEY EXPERTS

The nature of the assignment requires the consultant to assemble a well-qualified and experienced team of experts, of sufficient size and capacity, covering all the professional disciplines required. Demonstrated experience of designing facilities / infrastructure is required (at least 5 comparable assignments); experience of design for infrastructure located within sensitive ecological areas (such as protected areas) will be an advantage. Demonstrated experience (at least three comparable assignments) of preparing ESIAs following the requirements of the Ghana law is required.

The assignment will be carried out by an experienced team with the following expertise and experience.[2] The Firm shall ensure the timely completion of the project and provide the expert personnel in line with the Project Implementation Schedule. The Consultant shall employ supervisory staff over the period of implementation.

 

Lead architect / Team Leader will be responsible for coordinating all the activities under this assignment. S/he shall:

 

Civil Engineer shall:

 

Quantity Surveyor shall:

 

Social risk management and Stakeholder Engagement Expert shall:

 

Ecologist / Environmental risk management shall:

 

Labour, Occupational health and safety specialist shall:

Other experts will be expected to have competences in geotechnical surveys, electrical and mechanical engineering, soil science, water resources management.

 

6.0       REPORTING REQUIREMENTS AND   DURATION OF ASSIGNMENT

The Consultancy firm represented by a lead person shall report to the Project Coordinator on the progress of work. From time to time, the Client may require written explanations by email on the work progress, quality, accidents, problems, etc., related to the work, to which the consultant shall promptly respond, providing a full description of the situation.

As stated in the above sections, the assignment will be executed under the guidance and support of the PCU, EPA, MoFA, WD and other Project Beneficiary Agencies.

Communication protocol shall be established soon after the award of the contract.

 

6.1. Duration of the Assignment

The consultant will be engaged throughout the life span of the project. The assignment will commence in October 2022 and will run through the entire implementation period of the respective works.

 

7.0       CLIENT’S INPUT AND COUNTERPART PERSONNEL

Under the overall guidance of the Project Coordinator, the Consultancy firm will perform the assignment by adhering to the implementation arrangements under Government of Ghana/World Bank Guidelines.

 

The Firm will thoroughly familiarize him/herself with the relevant project documents including the Project Appraisal Document, Project Implementation Manual, Environmental and Social Management Framework, Stakeholder Engagement plan, among others, to be provided by the Client, for the successful execution of the assignment.

 

The Client will provide the Consultants with the following:

Counterpart personnel for the purpose of liaison with the Client and other Government agencies.

 

8.0       MODE OF PAYMENT

The consultancy firm will be offered a lump sum fee inclusive of travel costs for this assignment; this shall be based on a Rate that shall be concluded with the successful firm during contract negotiation. The payments will be made in installments based upon outputs/deliverables specified in the TOR and upon certification of satisfactory work as per work plan and endorsed by PCU.

 

9.0       PRODUCTS

All the documents shall be written in English, each item of the deliverables i.e. all Reports shall be presented in three (3) hard copies and one (1) electronic format (USB device).

All deliverables shall be submitted to the project team for review and comments.  Upon receipt of reviewed documents, the consultant will incorporate comments within two weeks and submit final document/reports of all deliverables to EPA.

 

10.0    INTELLECTUAL PROPERTY RIGHTS

Any reports, documents, graphics, or other materials, prepared by the Consultant and the project team for this assignment shall belong to and remain the property of the Ghana Landscape Restoration and Small-Scale Mining Project (GLRSSMP)

 

11.0     NOT SPECIFIED CONDITIONS

Other conditions not specified herein shall be settled by mutual understanding and agreement.

 

 

 

Annex A

A scoping study will be required from the consultancy firm/lead consultant as the first stage of the ESIA process. The purpose of the scoping study is to gain an overall understanding of the biophysical and socioeconomic baseline situation and provide an overview of the range, depth and trend of issues to be subsequently studied in detail during the main ESIA. This overview will set the focus for further studies, data collection and other resources that will be required for the conduct of the ESIA. Specifically, the consultant shall be expected to:

  1. Collect information on baseline bio-physical and socio-economic conditions and developments in the subproject area which would aid the prediction of impacts;
  2. Facilitate the consultation and participation of relevant stakeholder government Ministries, Departments and Agencies (MMDAs), Metropolitan/Municipal Assemblies, NGOs, CBOs, CSOs and all persons or groups of persons as well as businesses who will be affected, positively or negatively, by the subproject in the process of identifying and assessing the environmental and social impacts of the subproject;
  3. Identify the most relevant and significant environmental and social issues of concern out of a myriad of issues with the aim to focusing on them in the ESIA; and
  4. Develop a draft Terms of Reference (TOR) for the ESIA and present same to the EPA for its review and agreement.

 

Upon review of the scoping report and agreement on the draft TOR by the EPA and the World Bank, the consultant will proceed to undertake the impact assessment and prepare the ESIA. The ESIA will build on activities and results from the scoping study but the level of detail shall be higher.

 

The ESIA will involve the following tasks:

Detailed description of the investments with the requisite specifications and components is not available presently. The description of each of the investment would include:

The description will include maps at appropriate scales to illustrate the specific location of the investments.

 

The consultant will identify and discuss Ghana and World Bank’s policies, regulations and standards or guidelines governing environmental assessment, environmental quality, health and safety, as well as land acquisition and involuntary resettlement (including issues related to livelihoods and squatters) that are applicable to the execution of the proposed investments. The discussion will also include a gap analysis between Ghana’s safeguards regulations, standards/guidelines and the World Bank’s ESF and ESS and General Environmental, Health, and Safety Guidelines.

 

The consultant will assemble, evaluate, and present baseline data on the biophysical and socioeconomic characteristics of the subproject area, and its environs to aid impact identification and assessment. Although the consultant will describe the baseline in the subproject area, where peculiar baseline characteristics and conditions of environmental and social interest are found at particular investment site, they should be highlighted.  The proposed approach to data collection should be clearly described in the Consultant’s proposal. This will include a clear description of all site visits, surveys and proposed stakeholder meetings etc.

 

The baseline will cover the physical, biological and chemical aspects of the environment as well as the socioeconomic and cultural characteristics. The baseline for the biophysical environment will include:

 

The baseline socioeconomic and cultural characteristics will include:

 

Public consultations and stakeholder engagement during the ESIA will build on activities began during the scoping phase and the outcomes and shall be inclusive. The consultant will conduct stakeholder analysis and mapping to ensure that a wide range of stakeholders (including vulnerable groups like women, the elderly, children and persons with disabilities) are afforded the opportunity to comment on the subproject; to voice opinions, concerns and suggestions; and contribute local knowledge.  Whenever, needed the Consultant shall hold separate engagement with women to obtain their views and concerns about the proposed subproject interventions. The consultant shall document details of meetings with all stakeholders.

 

 

The consultant will analyze alternatives to the proposed investments that would meet the objective of improved flood management. The analysis will include the “No Action” or “No Project” alternative (i.e. not implementing the proposed investments) in order to demonstrate environmental and social conditions without it. In addition to the “No Action” alternative, the analysis will consider alternative locations, design options and methods of execution as well as management systems. The latter is particularly important for the construction and management of the detention ponds. The analysis may suggest options that could be more sustainable from an environmental and social (i.e., natural resource, socio-cultural and economic) point of view than the originally proposed investments. The analysis will demonstrate how the alternatives compare in terms of potential environmental and social impacts and the consultant will present the reasons for selecting the proposed investments over the alternatives.

 

The consultant will present a detailed analysis of the positive and negative environment and social impacts of the execution of the investments on the biophysical and socio-economic environments. This analysis will build on the preliminary identification and assessment of impacts presented in the scoping report.   The consultant will identify, categorize and assess the project’s key environmental and social impacts. The consultant will indicate the approach to impact identification and assessment in the consultant’s proposal.

The consultant shall give due consideration to the identification of impacts relating to, among others:

 

The consultant, in consultation with EPA HQ and regional offices, Wildlife Division of the Forestry Commission and relevant Assemblies recommend measures to mitigate the negative environmental and social impacts or to enhance the positive impacts. The mitigation and enhancement measures will be cost-effective measures that will be specifically tailored to the impacts identified in order to achieve the aim of preventing or limiting the negative effects of the investments.

 

Where feasible, some measures could be embedded in the technical engineering designs to mitigate or enhance identified impacts. If the proposed mitigation measures are not likely to be fully effective on their own, the Consultant shall propose adequate compensation measures in accordance with the relevant ESS and the project ESMF and RF&PF   Also, the consultant will make provisions for the use of “chance find” procedures if unanticipated archaeological, historical and sacred sites or materials are encountered during construction works. To this end, the consultant shall prepare chance find procedure to be included in the ESIA.

 

The consultant will develop site specific Environmental and Social Management Plan (ESMP) to be used as a tool for the effective implementation and monitoring of the impact mitigation and enhancement measures. The ESMP should include proposed mitigation measures and monitoring plan for both the preconstruction, construction and operation phases of the project. The ESMP should include both text and a matrix and must relate to each of the investments. The ESMP should also be revised before the start of the operation for the purpose of developing a pertinent manual for the operation phase. The ESMP should include proposed work programs, budget estimates, schedules, staffing/roles and responsibilities and training requirement and other necessary support services to implement the mitigating measures.

 

The consultant will develop a detailed Environmental and Social Monitoring Plan to guide the monitoring of the environmental and social impacts and the implementation of mitigation and enhancement measures during the construction and operation phases. The monitoring plan will enable the EPA to confirm the accuracy of the impact assessment and the effectiveness of the mitigation measures contained in the ESIA. The consultant will outline the elements of the monitoring plan in the proposal.

[1] More information about the project, including relevant project documents, is available on the EPA website: http://glrssmp.epa.gov.gh/index.php

[2] The team as a whole need to cover the listed expertise, though individual experts’ profiles may be different from the listed.

"},{"id":"OP00193342","notice_type":"Request for Expression of Interest","noticedate":"30-Aug-2022","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2022-09-16T00:00:00Z","submission_deadline_time":"00:00","project_ctry_name":"Western and Central Africa","project_id":"P176693","project_name":"Sub-Saharan Women’s Empowerment and Demographic Dividend Project, SWEDD3","bid_reference_no":"GM-SWEDD-GM-297502-CS-CQS","bid_description":"Environmental and Social Instruments Consulting Services","procurement_group":"CS","procurement_method_code":"CQS","procurement_method_name":"Consultant Qualification Selection","contact_address":"Quadrangle\nBanjul\nThe Gambia","contact_ctry_name":"Gambia, The","contact_email":"njiebucher@yahoo.co.uk","contact_name":"Abdoulie Mam Njie","contact_organization":"MINISTRY OF HEALTH","contact_phone_no":"2203561753","submission_date":"2022-08-30T00:00:00Z","notice_text":"

REQUEST FOR EXPRESSIONS OF INTEREST

(CONSULTING SERVICES)

 

Republic of The Gambia

Projects Coordination Unit

Ministry of Health

 

The Government of The Republic of the Gambia has requested and obtained an advance fund for the preparation of Sub-Saharan Women’s Empowerment and Demographic Dividend Project (P176693) (SWEDD) and intends to apply part of the proceeds for consulting services.

 

The consulting services (“the Services”) includes services to prepare environmental and social instruments i.e., Environmental and Social Management Framework, Stakeholder Engagement Plan, and Labor Management Procedures. The Ministry of Health Projects Coordination Unit now invites eligible consultants (“Consultants”) to indicate their interest in providing the Services. Interested Consultants should provide information demonstrating that they have the required qualifications and relevant experience to perform the Services. The shortlisting criteria are qualifications and experience of the firm.

 

The attention of interested Consultants is drawn to Section III, paragraphs, 3.14, 3.16, and 3.17 World Bank’s Procurement Regulations dated July 2017, revised in November 2017 and August 2018, and is open to all eligible bidders as defined in the guidelines (“Procurement Regulations”), setting forth the World Bank’s policy on conflict of interest.  In addition, please refer to the following specific information on conflict of interest related to this assignment: the bank requires that firms or individuals involved in Bank IPF procurement shall not have a conflict of interest.

 

Further information can be obtained at the address below during office hours from Monday to Thursday 8am to 4pm. The terms of reference are also attached to this request.

 

Expressions of interest must be delivered in a written form to the address below by e-mail by September 16th, 2022

 

Projects Coordination Unit

Attn: Abdoulie Mam Njie

Kanifing Estate, The Gambia

Tel: +220 3373333

E-mail: njiebucher@yahoo.co.uk

Copy : asecka@gmail.com

 

 


 

 

 

 

 

TERMS OF REFERENCE

Consulting Firm for the 

 Preparation of Environmental and Social Risk Management Instruments: 

  1. CONTEXT AND RATIONALE

The Gambia has observed rapid population growth, increasing pressure on the economy and national social systems including health, education, and social protection. High desired family size and high levels of adolescent childbearing are some of the drivers of rapid population growth with gender inequality as both a root cause and a consequence of this. In The Gambia, the demographic transition is still in its early stages. The under-five mortality rate has decreased by approximately two-thirds, from 167 in 1990 to 49 in 2020. The age dependency ratio decreased from 95 in 2000 but continues to be among the highest globally at 87 in 2020.  Fertility rates remain high (Total Fertility Rate [TFR] 4.4). This exposes the country to higher poverty rates, smaller investments in human capital, high unemployment, or underemployment, especially among young women, higher poverty, increased pressure on natural environments and climate vulnerability, economic migration, and increased risks of instability.

Child marriage and teenage pregnancy continue to be high, increasing total unwanted fertility and contributing to the high level of population growth. At sub-regional levels there are “hotspots” with rates above The Gambia’s national average of married underage girls, adolescent, and total fertility, as well as low student retention rates for girls. In addition to child marriage, adolescent pregnancies can occur due to girls being at a higher risk of sexual exploitation and abuse, making it one of the most vulnerable population groups. A very large proportion of girls is out of school during the secondary school years, specifically for those in the poorest wealth quintiles and in five of the eight Local Government Administrative areas. The low secondary educational attainment of adolescents leads to even more limited prospects for current or future employment, in an economy already restricted by employment opportunities, presenting a challenge to increasing the human capital. The 2020 Gambia Women Enterprise Fund (WEF) Act provides the avenue to expand economic opportunity for adolescents and young women. Empowering adolescent girls and young women is essential to accelerate The Gambia’s demographic transition, improve human development outcomes, and build human capital and inclusive growth. Investing in adolescent girls and young women human capital also has the potential to contribute to building resilient communities that can adapt to rising threats such as climate change.

  1. GENERAL DESCRIPTION OF THE PROJECT

2.1 Project Development Objective (PDO) The Project objective is to increase adolescent girls’ and young women’s empowerment, including their access to quality reproductive, maternal neonatal child and adolescent health services, in selected areas of the participating countries and to improve regional peer learning, capacity and coordination in The Gambia.

 

 2.3. Objective of the SWEDD3 Project

Girls’ and Women’s Empowerment in the context of SWEDD3 objectives is defined as contributing to:

2.4. Project components and sub-components

The proposed project has three components.

 

Component 1: Design and implement gender transformative interventions across the 4E’s that promote girls’ and women’s social and economic autonomy

This component has two subcomponents: Subcomponent 1.1: Promoting positive gender roles, girls’ continued schooling and other GWE messages through community engagement and use of a variety of channels; Subcomponent 1.2: Empowering young women and girls using community level interventions based on evidence and learning from across SWEDD countries.

 

Subcomponent 1.1: Promoting positive gender roles, girls’ continued schooling and other GWE messages through community engagement and use of a variety of channels

 

Subcomponent 1.2: Empowering young women and girls using community level interventions based on evidence and learning from across SWEDD countries

 

The project will include the following activities under Subcomponent 1.2: improve livelihood skills and SRH of adolescents; keep girls in school through at least upper basic school; expand economic opportunity and financial inclusion; and improve prevention and response to GBV/SEA/SH.

 

Component 2: Improve Availability of Reproductive, Maternal, Newborn, Child and Adolescent Health and Nutrition (RMNCAHN) Commodities and Qualified Health Workers at the community level and Strengthen Regional Capacity for adolescent-friendly services (US$8 million equivalent IDA)

 

This component will have two subcomponents: Subcomponent 2.1: Enhance accessibility of contraceptives and targeting of adolescents at the community level; and Subcomponent 2.2: Improve availability of reproductive health workers in rural areas, strengthening rural midwives and other personnel involved in RMNCAHN delivery services.

 

 Component 3: Foster National and Regional Commitment and Capacity for Policy Making and Project Implementation

Component 3.1: Strengthen advocacy, legal frameworks, and political commitment on RMNCAHN at continental, regional and national levels

Component 3.2: Strengthen capacity for policymaking, M&E related to demographic dividend and gender issues.

Component 3.3: Strengthen project implementation capacity

 

 Beneficiaries. 

Primary beneficiaries are adolescent girls and young women that are vulnerable to early marriage, early pregnancy, and early school drop-out.

 

Other beneficiaries include:

  1. secondary beneficiaries are the communities where these adolescent girls live including parents, siblings, husbands, children, religious and traditional leaders, health workers, and other community members who can influence decision-making and access to services
  2.  Legislators, government officials, technical government agencies such as National Demographic Dividend Observatories, civil society to strengthen advocacy and political commitment on women’s empowerment and for policy making, monitoring and evaluation (M&E) related to demographic dividend and gender issues .

 

2.5 Project intervention area 

The project activities will be implemented in phases beginning with the priority LGAs (Mansakonko, Kerewan, Kuntaur, Janjanbureh and Basse) and then expanding nationally.  


3.0 WORLD BANK ENVIRONMENTAL AND SOCIAL FRAMEWORK (ESF)

The World Bank's Environmental and Social Framework (ESF), which became operational in October 2018, sets out requirements for borrowers to identify and assess the environmental and social risks and impacts associated with projects supported by the World Bank.  By focusing on identifying and managing environmental and social risks, the framework aims to help borrowers reduce poverty and increase prosperity in a sustainable way for the benefit of the environment and their citizens.

The standards will: (a) Help borrowers implement international best practices for environmental and social sustainability; (b) Assist borrowers in meeting their national and international environmental and social obligations; c) Strengthen non-discrimination, transparency, participation, accountability, governance, and inclusion; and (d) Improve project sustainability outcomes through continued stakeholder engagement.

3.1 Relevant guidance and support materials to be used by the consultant:

 

 

 

3.2   TEMPLATES to be filled by the consultant for the following instruments are available via this link

https://www.worldbank.org/en/projects-operations/environmental-and-social-framework/brief/environmental-and-social-framework-resources#guidancenotes

 

 

Scope of work of the consultancy

The objective of this consultancy is to develop instruments that meet the requirements of the Bank's environmental and social standards applicable to the project.

The following environmental and social risk documents to be developed by the consultant:   

    1. The Environmental and Social Management Framework (ESMF) (ESS1) - Annex A
    2. The Labor management Procedures (LMP) (ESS2) (the template to be filled out is in the link in section 3.2) - Annex C
    3. The Stakeholder Engagement Plan (SEP)) (ESS 10) - Annex D 

 

NB1 : The Ministry of Health (MOH) Projects Coordination Unit (PCU) will make available to the team of consultants all documentation and information relating to the nature of the investments as well as the potential areas of intervention. 

 

NB2 : The specific tasks for the development of each document are presented in the annexes. 

B.   Mandate of the consulting team

A consulting firm will be recruited to assist in the preparation of the necessary instruments under the ESF for SWEDD3 Project.  The instruments relating to environmental and social standards are subject to a consultation and disclosure procedure. An Environmental and Social Summary Review (ESRS) (concept stage) has been prepared by the World Bank and will be shared with the consultants once recruited. The classification of social risk was deemed Substantial while environmental risk was deemed Moderate. The preliminary risk of Sexual Exploitation and Abuse (SEA) and Sexual Harassment (SH) is deemed to be Substantial. However, the level of risk may change depending on the additional information that will become available when preparing the documents relating to the safeguards.   

Qualifications of the Consultancy Firm

Interested Consultancy Firms should possess the following qualifications:

  1. Evidence of recent experience in environmental and social instruments and/or environmental and social due diligence in The Gambia;
  2. Demonstrate the availability of a qualified team to undertake the assignment;
  3. Having the experience of working in local languages will be an added advantage
  4. Each member of the team of consultants shall hold a university degree

Various roles of the consultants:

  1. Principal Consultant : is responsible for the overall coordination for the development of all environmental and social risk management instruments and their finalization. In addition, he (she) will be responsible for developing (i) the Environmental and Social Management Framework (ESMF); and (ii) Labor Management Procedures (LMP in collaboration with the MOH PCU and the World Bank team and will coordinate consultants to ensure quality outputs of instruments in line with the World Bank’s Environmental and Social Framework (ESF) 
  2. Consultant in Social Risk Management : He/she is responsible for working with the principal consultant and environmental consultant to develop the ESMF; (ii) will work with the principal consultant to develop the Stakeholder Engagement Plan (SEP) and will assist in the production of the LMP. He/she will also be responsible for preparing and undertaking public consultations on social risk management instruments (with the environmental and principal consultant) (i.e ESMF and LMP) ensuring that consultations include disadvantaged and marginalized groups and individuals so that the consultation is inclusive, accessible and participatory (in line with Environmental and Social Standard 10) and consider the  necessary good practices to mitigate against COVID-19 transmission in line with the guidance in the Technical Note on holding public consultations (see section 3.1).  The Social Specialist will also develop the Grievance Mechanism and work with the GBV consultant to develop the social basement, social risk assessment, mitigation measures and the Grievance Mechanism to address SEA/SH incidents.
  3. Consultant with Gender Based Violence Specialization (GBV):  He/she is responsible for working with the social specialist to undertake women only consultations to discuss GBV related risks from project activities, develop the Sexual Exploitation and Abuse/Sexual Harassment (SEA/SH) Prevention and Response Action Plan, develop appropriate mitigation measures in the Environmental and Social Management Plan in the ESMF, contribute to developing the social baseline in the ESMF, develop the Grievance Mechanism (GM) for SEA/SH incidents based on the project level GM to be developed by the social consultant. The GBV consultant will also ensure the appropriate measures are reflected in the SEP and LMP (including an appropriate mechanism to address SEA/SH grievances in the labor GM)
  4. Consultant in Environmental Risk Management: He/she is responsible for supporting the principal consultant and social consultant to develop the ESMF and assisting in the production of the LMP and SEP.  

 

  1. DURATION OF THE CONSULTANCY

The consultancy will cover the period from September 5 to November 30, 2022

 

a) The Principal Consultant: must be an environmental and social assessment expert with at least a Master's degree in a relevant field related to environmental and social impact assessment (e.g. environmental sciences, environmental engineering, social sciences such as political science or policy, sociology, anthropology, gender studies, social assessment studies, or related fields, economics, etc.), having proven record in the preparation of environmental and social risk management instruments (ESMF,  SEP, LMP). The Environmental and Social Commitment Plan (ESCP) will be done with the World Bank as this is a legal document appended to the Legal Agreement.

S/he must:

 

b) The social consultant should be an expert in social assessment with at least a Master's degree in a relevant field related to environmental and social impact assessment (e.g. political science, sociology, anthropology , social sciences, etc.), with proven experience in the preparation of environmental and social safeguard instruments such as ESMF, ESIA/ESMP, RAP, and LMP.

 

He (she) must:

 

c) The environmental consultant must be an expert in environmental assessment with at least a Master's degree in a relevant field related to the assessment of environmental and social impacts, including Occupational Health and safety (OHS) (e.g. environmental sciences, environmental engineering, biological sciences, etc.), having proven itself for at least 5 years in the preparation of environmental and social risk management instruments  such as ESMF, ESIA, and ESMP. 

He (she) must:

 

D. Reporting, Deliverables and Schedule

 

The specific deliverables and anticipated timelines are as follows:

 

Activity

Number of days

Date for submission

  1. Draft LMP, SEP including stakeholder consultation

15

October 14, 2022

  1. Final LMP, SEP after incorporation of WB comments

5

October 21, 2022

  1. Draft ESMF

30

October 21, 2022

  1. Final ESMF after incorporation of WB comments (including Quality Assurance Team (QAT) review.

7

December 7, 2022

Total:

57

 

The number of days required for each activity are negotiable.

 

 

 

ANNEX A: ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK

 

The development of the Environmental and Social Management Framework (ESMF) for the SWEDD3 project is necessary for the compliance of the program with both national regulations on the environment and social requirements and with the Environmental and Social Standards of the World Bank.

To this end, the consultant responsible for carrying out the ESMF studies will work in close collaboration with the regulatory institutions in The Gambia on the basis of the national regulations and policies and the environmental and social standards of the World Bank, in particular:

• For the national part:

 

• For the World Bank: The following ESF Environmental and Social Standards relevant to the project

The relevance of the following standards will be determined during the environmental and social assessments.

 

The ESMF will identify the potential negative environmental and social risks and impacts, among which risks relating to vulnerable groups and individuals, the risk of increased Sexual Exploitation and Abuse/Sexual Harassment (SEA/SH) and social conflicts (including fragility risks) during implementation  .

The main stakeholders in the project area will be consulted and in during the national validation workshop.

  1. The ESMF is an instrument that examines risks and impacts when a project consists of a program or a series of sub-projects and the risks and impacts cannot be determined until the details of the program or sub-project components have been determined. The ESMF sets out the principles, rules, guidelines and procedures for assessing environmental and social risks and impacts. It contains measures and plans to reduce, mitigate and/or compensate for risks and adverse impacts, provisions for estimating and budgeting the costs of these measures, and information on the agency or agencies responsible for managing project risks and impacts, including its ability to manage environmental and social risks and impacts. It includes adequate information on the area in which the sub-projects are expected to be located, including the potential environmental and social vulnerabilities of the area, as well as the potential impacts that may occur and the mitigation measures that could be put in place.

 

  1. The ESMF will carry out an environmental and social assessment of the project in order to assess the environmental and social risks and impacts of the project throughout its life cycle. The assessment will be proportionate to the potential risks and impacts of the project and will assess, in an integrated manner, all relevant direct, indirect, and cumulative environmental and social risks and impacts throughout the life cycle of the project, including those specifically identified in the ESF Environmental and Social Standards (ESS) 2-10.

 

 

  1. The ESMF will be based on current information, including an accurate description and delineation of the project and any related aspects, as well as on sufficient detailed environmental and social baseline data to allow the characterization and determination of risks and impacts and mitigation measures. The ESMF will assess the potential environmental and social risks and impacts of the project; examine alternative solutions; identify ways to improve the selection, location, planning, design and implementation of projects to apply the hierarchy of measures to mitigate adverse environmental and social impacts and seek opportunities for improving the positive impacts of the project. The ESMF will include stakeholder participation as an integral part of the assessment, in line with ESS 10.

 

  1. The ESMF will be an adequate, accurate and objective assessment and presentation of known risks and impacts, prepared by qualified and experienced persons.

 

  1. The Government of the Gambia will ensure that the ESMF appropriately addresses all matters relating to the Project, including:

 

  1. The ESMF will establish and apply a mitigation hierarchy that:
      1. Anticipate and avoid risks and impacts;
      2. Where avoidance is not possible, minimize or reduce risks and impacts to acceptable levels;
      3. Once risks and impacts have been minimized or reduced[2], mitigate the risks and impacts;
      4. Where significant residual impacts remain, or offset them, where technically and financially feasible.[3]

 

  1. The ESMF, informed by the scoping of issues, will consider all relevant environmental and social risks and impacts of the project, including:
      1. Environmental risks and impacts, including: (i) those defined by the EHSS; (ii) those related to community safety ; (iii) those relating to climate change and other transboundary or global risks and impacts; (iv) any significant threat to the protection, conservation, maintenance and restoration of natural habitats and biodiversity; and (v) those relating to the services provided by ecosystems and the use of biological natural resources, such as fisheries and forests.
      2. Social risks and impacts, including: (i) threats to human security through escalation of personal, community or interstate conflict, crime or violence[4] (b) Social risks and impacts, including: (i) threats to human security due to the escalation of personal, communal or interstate conflict, crime or violence (consider also security risks in the country, including those related to potential conflict and list potential conflicts, state the reasons and include conflicts currently active and where; does the project area intersect with conflict areas where security forces are present; (ii) the risks that project impacts will significantly affect disproportionately individuals and groups who, because of their particular circumstances, may be disadvantaged or vulnerable to including a gender analysis;[5] (iii) any prejudice or discrimination against individuals or groups in providing access to project resources and benefits, including those who may be disadvantaged or vulnerable; (iv) negative economic and social impacts related to involuntary land grabbing or land use restrictions; (v) risks or impacts associated with land tenure and the use of land and natural resources,[6] including (if applicable) the potential impacts of the project on local land tenure patterns and arrangements, land access and availability , food security and land values, and any corresponding risk related to conflicts or disputes over the latter; (vi) consequences for the health, safety and welfare of workers and communities affected by the projects; (vii) risks to cultural heritage, (viii) risks of Sexual Exploitation and Abuse (SEA) and Sexual Harassment (SH).
      3. There will also be a mapping and diagnosis of medical care services and legal, security and psychosocial assistance for survivors of Sexual Exploitation and Abuse and Sexual Harassment using the tool developed by the World Bank team on GEMS/Kobo Toolbox.
      4. A SEA/SH and VAC risk mitigation and response action plan should be included in line with the recommendations outlined in the Good Practices Note for Substantial Risk Projects (see Table 2, pages 27-36 of the Note on Good Practices)[7].
      5. The characteristics and identification of the different communities living in and around the tourism areas, their means of existence will be included.

 

  1. Where the ESMF identifies specific individuals or groups as disadvantaged or vulnerable, the differentiated measures will be proposed and implemented so that adverse impacts do not fall disproportionately on disadvantaged or vulnerable people and that 'they are not disadvantaged in sharing the development benefits and opportunities resulting from the project (e.g. young people, elders, women, people with disabilities, illiterates, landless people, etc.).

 

  1. The ESMF will also consider the risks and impacts associated with major suppliers,[8] as required by ESSs 2 and 6. The Borrower will address these risks and impacts in a manner commensurate with the control or influence of the Borrower on its main suppliers, as indicated in ESS 2 and ESS 6.

 

  1. The ESMF will take into account potentially significant transboundary and global risks and impacts related to the project, such as effluent and emissions impacts, increased use or contamination of international waterways, greenhouse gas emissions short-lived and long-lived, climate change mitigation, adaptation and resilience issues, and impacts on threatened or declining migratory species and their habitats.

 

  1. During consultations, a protocol explaining how stakeholders will be consulted while respecting social distancing measures and other recommendations from WHO and [insert country] Government.

 

  1. The ESMF will describe the risks related to the implementation of project activities during the pandemic (COVID-19) and others.

 

 

Stakeholder engagement and information disclosure

  1. As indicated in ESS 10, the Borrower will continue to engage with stakeholders and provide them with sufficient information throughout the life of the project, in a manner appropriate to the nature of their interests and the potential environmental and social risks and impacts of the project.

 

  1. For high risk and substantial risk projects, the Borrower will provide to the Bank and disclose documentation, as agreed with the Bank, relating to the environmental and social risks and impacts of the project prior to project appraisal. The documentation will adequately address the main risks and impacts of the project and provide sufficient detail to inform stakeholder engagement and Bank decision-making. The Borrower will provide to the Bank and disclose the final or updated documentation as specified in the ESCP.

 

  1. If there are significant changes to the project that result in additional risks and impacts, particularly where they will affect parties affected by the project, the Borrower will provide information on such risks and impacts and consult with affected parties by the project as to how these risks and impacts will be mitigated. The borrower will disclose an updated ESCP, outlining the mitigation measures.

 

Key principles and tasks under the ESMF

  1. The ESMF will specifically provide the following:

 

  1. The project's Environmental and Social Management Framework (ESMF) must also comply with the country's environmental legislation.

 

  1. Due to the potential negative impacts of certain project activities, these safeguards, in addition to providing an understanding of positive impacts, provide an operational framework for the identification, analysis of negative impacts and appropriate mitigation measures in relation to them, avoiding or eliminating negative environmental and social impacts or reducing them to an acceptable level.

 

 

  1. The main tasks and the associated deliverables:

 

OUTLINE OF THE ESMF REPORT:

Overview of the ESMF

  1. Executive summary
  2. Legal and institutional framework
    1. Analysis of the legal and institutional framework of the project, in which the environmental and social assessment takes place
    2. Comparison of the existing environmental and social framework of the borrower and the SSEs and identification of gaps between them
    3. Identification and assessment of the environmental and social needs of potential co-financiers.
  3. Description of the project
    1. A concise description of the proposed project and its geographic, environmental, social and temporal context, including any off-site investments that may be required (e.g. dedicated pipelines, access roads, power supply, water supply, water supply, housing and storage facilities for raw materials and products), as well as the main suppliers of the project.
    2. Country context
      1. Environmental and social situation in the project area in the country including an analysis of the gender situation
      2. Political, administrative, and legal framework
      3. Country Environmental Impact Assessment Approval Mechanism
      4. Institutional capacity assessment
  4. Explanation of the need for any environmental and social plan to meet the requirements of ESS 1 to 10 including measures addressing risks of SEA/SH as part of the SEA/SH Action Plan to be annexed to ESMF (see Annex 6 for more information).
  5. A sufficiently detailed map, showing the location of the project and the area that could be affected by the direct, indirect and cumulative effects of the project.

Reference data

  1. Explanation and, where possible, provision of basic social and environmental data relevant to decisions regarding project location, design, operation or mitigation measures. This should include a discussion of data accuracy, reliability and sources, as well as information on dates surrounding project identification, planning and implementation.
  2. Identification and estimation of the extent and quality of available data, major data gaps and uncertainties associated with predictions.
  3. Based on current information, an assessment of the scope of the area to be surveyed and a description of the relevant physical, biological and socio-economic conditions, including any anticipated changes prior to the start of the project.
  4. Baseline data should take into account current and proposed development activities in the project area, but which are not directly related to the project.

5. Environmental and social risks and impacts

  1. Assessment of all environmental and social risks and impacts of the project, including those set out in ESS 2 to 8, as well as all other environmental and social risks and impacts arising from the specific nature and context of the project (see summary of risks above).
  2. Include a description of GBV/SEA/SH (including child marriage and cultural practices such as female genital mutilation), forced labor and child labor risks (in national context and sections on the risks)[9].

6. Mitigation measures

  1. Identification of mitigation measures and significant residual negative impacts that cannot be mitigated and, to the extent possible, assessment of the acceptability of these residual negative impacts.
  2. Identification of differentiated measures to avoid adverse effects being felt disproportionately on disadvantaged or vulnerable people, including persons with disabilities, women, elderly, informal workers, fishers, and other vulnerable groups in the tourism sector.
  3. Assessment of the environmental and social impact mitigation feasibility, capital and recurrent costs of proposed mitigation measures, and their suitability under local conditions, as well as institutional, training and monitoring for proposed mitigation measures.
  4. Identification of specific measures to prevent and response to the risks of SEA/SH that could be exacerbated or created by project activities, both in the workplace as well as neighboring communities.
  5. Identification of specific issues that do not require further attention, what provides the basis for this determination.

7. Analysis of alternatives

  1. Systematic comparison of feasible alternatives to the site, technology, design and operation of the proposed project – including the “without project” situation – according to their potential environmental and social impacts.
  2. Assessment of the feasibility of alternatives in terms of mitigating environmental and social impacts;
  3. For each of the alternatives, quantification of environmental and social impacts to the extent possible and explanation of economic values, to the extent possible.

8. Design measures

  1. Explanation of the basis for selection of the particular design of the proposed project and specifies the applicable EHSSs or if the EHSSs are deemed inapplicable, justifies the emission levels and recommended pollution prevention and abatement approaches that are GIIP compliant.
  2. The explanation of the selection of the particular design of the proposed projects should also take into account the relevant social risks and impacts.

9. Institutional arrangements for the implementation and monitoring of the ESMF, including institutional capacity assessment

10. Capacity building and training

  1. Precise description of the institutional arrangements, identifying the party responsible for implementing the mitigation and monitoring measures (e.g. for operation, supervision, enforcement, monitoring of implementation, corrective actions, funding, reporting and staff training).
  2. Recommendations regarding the establishment or expansion of responsible parties, staff training and any additional measures that may be necessary to support the implementation of the mitigation measures and any other recommendations of the ESMF.

11. Monitoring

The monitoring section of the ESMF should provide: a) a precise description and technical details of the monitoring measures, including the parameters to be measured, the methods to be used, the sampling locations, the frequency of measurements, the detection limits (if applicable) and the definition of thresholds that will signal the need for corrective action; and b) monitoring and reporting procedures to: (i) ensure early detection of conditions that require particular mitigation measures and (ii) provide information on the progress and results of the mitigation measures.

12. Public consultation and Grievance Mechanism

a) Briefly summarize the results of the consultations, including the focus group discussions. In a table in the appendix, indicate the dates and lists of participants and summarize the main questions, concerns and results of the public consultations (and, subject to community agreement, a few photos of the consultation, except those involving children and women only focus groups). Ensure methodologies allow for women to be consulted in separate groups (with only women facilitated by a woman).

b) Grievance Mechanism: include a description of how the Borrower will propose and implement a grievance mechanism (GM) to address these concerns and receive complaints, including SEA/SH complaints, and facilitate their resolution. This description would be derived from the Stakeholder Engagement Plan (SEP) and recognize that management of SEA/SH complaint should: i) include distinct channels for receiving, documenting and responding to complaints related to SEA/SH with multiple accessible and safe entry point identified through consultations with women and girls; ii)  link all survivors disclosing incidents to medical, psychosocial, and legal GBV services through referral protocols; iii) include procedures for managing complaints that prioritize survivors’ confidentiality, safety, dignity and informed consent, in line with a survivor-centered approach, iv) include procedures on how to handle and store confidential records. The ESMF will clearly define roles, responsibilities and accountabilities and designate the persons who will be responsible for implementing and monitoring stakeholder engagement activities and ensuring compliance with national laws and regulations, as well as the requirements of the World Bank ESF.

 

13. Implementation schedule and cost estimate

  1. For the three aspects (mitigation, monitoring and capacity building), the ESMF should provide, to the extent possible, an implementation schedule of the measures to be implemented within the framework of the project, indicating the phasing and coordination with overall project implementation plans;
  2. Estimates of capital and recurrent costs and sources of funding to implement the ESMF and possible ESIA/ESMP. These figures are also included in the tables of total project costs.

14. Appendices

 

 

 

 


ANNEX C: LABOR MANAGEMENT PROCEDURES (LMP)

 

Use the template provided in the link in section 3.2 above for the Labor Management Procedures (LMP) and review ESS2 and the Borrower’s Guidance Note for ESS2 in the link in section 3.1

 

This LMP describes the requirements and expectations in terms of compliance, reporting, roles, supervision, and training with respect to labor and working conditions, including discriminatory working conditions (especially against women), child labor, camp accommodation where applicable etc. The LMP will cover all categories of workers but exclude government workers/civil servants working in connection with this project except there is a legal transfer of their employment or engagement to this project. The LMP will set out the following procedures

 

  1. The objectives of ESS 2 (Labor and Working Conditions) are:

•   To promote safety and health at work.

•   To promote the fair treatment, nondiscrimination, and equal opportunity of project workers.

•   To protect project workers, including vulnerable workers such as women, persons with disabilities, children (of working age, in accordance with this ESS) and migrant workers, contracted workers, community workers and primary supply workers, as appropriate.

•   To prevent the use of all forms of forced labor and child labor.

•   To support the principles of freedom of association and collective bargaining of project workers in a manner consistent with national law.

•   To provide project workers with accessible means to raise workplace concerns.

 

2.             The scope of application of ESS 2 depends on the type of employment relationship between the Borrower and the project workers. The term “project worker” refers to:

 

    1. people employed or engaged directly by the Borrower (including the project proponent and the project implementing agencies) to work specifically in relation to the project (direct workers)
    2. people employed or engaged through third parties[10] to perform work related to core functions[11] of the project, regardless of location (contracted workers)
    3. people employed or engaged by the Borrower’s primary suppliers[12] (primary supply workers)
    4. people employed or engaged in providing community labor[13] (community workers)

 

8.           ESS2 applies to project workers including fulltime, part-time, temporary, seasonal and migrant workers.[14]

  1. ESS 2 includes prescriptive requirements for each worker.

 

 

ANNEX D:  OBJECTIVES OF THE STAKEHOLDER ENGAGEMENT PLAN (SEP)

 

 

ESS 10:  Stakeholder Engagement and Information Disclosure- Use the template for the Stakeholder Engagement Plan (SEP) in in the link in section 3.2. Information in the SEP previously prepared for the Project Preparation Advance (PPA) can be used in the preparation for the project SEP.

 

 

Stakeholder Engagement and Disclosure Information (ESS10) recognizes the importance of open and transparent engagement between the Borrower and project stakeholders as an essential element of good international practice. Effective stakeholder engagement can improve the environmental and social sustainability of projects, enhance project acceptance, and make a significant contribution to successful project design and implementation.

 

Stakeholder engagement is an inclusive process conducted throughout the project life cycle. Where properly designed and implemented, it supports the development of strong, constructive and responsive relationships that are important for successful management of a project’s environmental and social risks. Stakeholder engagement is most effective when initiated at an early stage of the project development process and is an integral part of early project decisions and the assessment, management and monitoring of the project’s environmental and social risks and impacts. Stakeholder engagement must take into consideration the gendered context and ensure that women are consulted separately in women-only groups facilitated by a woman to ensure that they are able to express themselves safely and freely, and that their voices are meaningfully integrated into the project and safeguard instrument design.

 

 

Objectives

 

 

Scope of application

 

  1. For the purpose of this ESS, “stakeholder” refers to individuals or groups who:
      1. are affected or likely to be affected by the project (project-affected parties); and
  1. may have an interest in the project (other interested parties).

 

  1. The considerations for undertaking public/stakeholder consultations in restricted scenarios (for example under security constraints, pandemics such as COVID-19) will need to be incorporated into the Stakeholder Engagement Plan.  Please refer to the technical note (below) on undertaking public consultations and stakeholder engagement in World Bank supported operations where there are constraints on conducting public meetings/consultations.

 

 

TECHNICAL NOTE: PUBLIC CONSULTATIONS AND STAKEHOLDER ENGAGEMENT IN WB-SUPPORTED OPERATIONS WHEN THERE ARE CONSTRAINTS ON CONDUCTING PUBLIC MEETINGS

 

With the outbreak and spread of COVID-19, people have been advised, or may be mandated by national or local law, to exercise social distancing, and specifically to avoid public gatherings to prevent and reduce the risk of the virus transmission.  Countries have taken various restrictive measures, some imposing strict restrictions on public gatherings, meetings and people’s movement, and others advising against public group events.  At the same time, the general public has become increasingly aware and concerned about the risks of transmission, particularly through social interactions at large gatherings. 


These restrictions have implications for World Bank-supported operations.  They will affect Bank requirements for public consultation and stakeholder engagement in projects, both under implementation and preparation. WHO has issued technical guidance in dealing with COVID-19, including: (i) Risk Communication and Community Engagement (RCCE) Action Plan Guidance Preparedness and Response; (ii) Risk Communication and Community engagement (RCCE) readiness and response; (iii) COVID-19 risk communication package for healthcare facilities; (iv) Getting your workplace ready for COVID-19; and (v) A guide to preventing and addressing social stigma associated with COVID-19.  All these documents are available on the WHO website through the following link: https://www.who.int/emergencies/diseases/novel-coronavirus-2019/technical-guidance.  

 

This Note offers suggestions to World Bank task teams for advising counterpart agencies on managing public consultation and stakeholder engagement in their projects, with the recognition that the situation is developing rapidly, and careful regard needs to be given to national requirements and any updated guidance issued by WHO. It is important that the alternative ways of managing consultation and stakeholder engagement discussed with clients are in accordance with the local applicable laws and policies, especially those related to media and communication. The suggestions set out below are subject to confirmation that they are in accordance with existing laws and regulations applying to the project.

 

Investment projects under implementation.  All projects under implementation are likely to have public consultation and stakeholder engagement activities planned and committed as part of project design.  These activities may be described in different project documents and will involve a variety of stakeholders.  Commonly planned avenues of such engagement are public hearings, community meetings, focus group discussions, field surveys and individual interviews.  With growing concern about the risk of virus spread, there is an urgent need to adjust the approach and methodology for continuing stakeholder consultation and engagement.  Considering the importance of confirming compliance with national law requirements, below are some suggestions for task teams’ consideration while advising their clients:

 

Task teams will need to review their project, jointly with the PMUs, and should:

 

 

 

 

 

 

Based on the above, task teams should discuss and agree with PMUs the specific channels of communication that should be used while conducting stakeholder consultation and engagement activities.  The following are some considerations while selecting channels of communication, considering the current COVID-19 situation:

 

 

 

 

 

 

 

 

Investment projects under preparation.  Where projects are under preparation and stakeholder engagement is about to commence or is ongoing, such as in the project E&S planning process, stakeholder consultation and engagement activities should not be deferred, but rather designed to be fit for purpose to ensure effective and meaningful consultations to meet project and stakeholder needs.  Some suggestions for advising clients on stakeholder engagement in such situations are given below. These suggestions are subject to the coronavirus situation in country, and restrictions put in place by governments. The task team and the PMU should:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ANNEX E : Potential procedures for intervening in SEA/SH and VAC cases

 

 General

 The purpose of these Codes of Conduct and Action Plan for the implementation of Environmental and Social, Health and Safety (ESHS) and Occupational Health and Safety (HST) standards and the prevention of Sexual Exploitation and Abuse (SEA), Sexual Harassment (SH), Violence Against Children (VAC) consists of introducing a set of key definitions, codes of conduct and guidelines in order to : 

  1. Clearly define the obligations of all project personnel (including contractors and day laborers) regarding the implementation of environmental, social, health and safety (ESHS) and health and safety standards at the work (HST) ; and 
  2. Contribute to preventing, identifying, and combating SEA/SH and VAC on the site and in surrounding communities by outlining what protocols and mechanisms will the project put in place to address risks of SEA/SH and VAC and how it will address any SEA/SH and VAC allegations that may arise.

 

The application of these Codes of Conduct will ensure that the project achieves its objectives in terms of ESHS and HST standards, as well as preventing and/or mitigating the risks of SEA/SH and VAC on the site of the project and in local communities.

People working in the project must adopt these Codes of Conduct which aim to : 

  1. Sensitize the staff operating in the project to the expectations in terms of ESHS and HST ; and 
  2. Create awareness about SEA/SH and VAC, and : 

at)  Create a consensus on the fact that such acts have no place in the project ; and 

b)  Establish a protocol for identifying SEA/SH and VAC incidents ; respond to such incidents ; and punish them.  

 

The purpose of Codes of Conduct is to ensure that all project personnel understand the moral values of the project, the conduct that all employees are expected to follow, and the consequences of violating these values. This understanding will contribute to a smoother, more respectful and more productive project implementation, to ensure that the project objectives are achieved.

  1. Definitions

In these Codes of Conduct, the following terms will be defined below : Environmental, Social, Health and Safety (ESHS) Standards: a general term covering matters relating to the impact of the project on the environment, communities and workers. 

Occupational Health and Safety (OHS) : Occupational Health and Safety aims to protect the safety, health and well-being of those who work or are employed on the project. Compliance with these standards at the highest level is a basic human right that should be guaranteed to every worker.

Gender-Based Violence (GBV): A general term for any harmful act perpetrated against a person's will and based on the socially attributed (i.e. gender) differences between men and women . They include acts inflicting physical, sexual or mental suffering, or threats of such acts ; coercion ; and other acts of deprivation of liberty. These acts can take place in public or in private. The term GBV is used to highlight the systemic inequality between men and women (which exists in all societies around the world) and which characterizes most forms of violence perpetrated against women and girls. The 1993 United Nations Declaration on the Elimination of Violence against Women defines violence against women as " any act of violence directed against the female sex which causes or is likely to cause women harm or physical, sexual or psychological suffering ”  . The main types of GBV are[15] : 

Child abuse (VAC): physical, sexual, emotional and/or psychological harm, neglect or negligent treatment of minor children (i.e. under the age of 18), including the fact that a child is exposed to such harm to a third party, which results in actual or potential harm to their health, survival, development or dignity, in the context of a relationship of responsibility, trust or power. This includes the use of children for profit, labor, sexual gratification or any other personal or financial advantage. It also includes other activities like using computers, cell phones, video devices, digital cameras or any other means to exploit or harass children or to access child pornography.

Malicious solicitation of children: these are behaviors that allow an aggressor to gain the trust of a child for sexual purposes. This is how an offender may establish a relationship of trust with the child and then seek to sexualize that relationship (for example, by encouraging romantic feelings or exposing the child to sexual concepts through pornography) .

Malicious solicitation of children on the Internet : is the sending of electronic messages with indecent content to a recipient whom the sender believes to be a minor, with the intention of inducing the recipient to engage in or submit to sexual activity, including understood but not necessarily the sender .

Accountability Measures and Confidentiality : Measures instituted to ensure the confidentiality of survivors and to hold contractors, consultants, and the client accountable for establishing a fair system for handling GBV cases and VAC.

Contractor's Environmental and Social Management Plan (E-ESMP) : the plan prepared by the Contractor that describes how it will carry out the activities of the works in accordance with the project's Environmental and Social Management Plan (ESMP).

Child : term used interchangeably with the term “ minor ” which means a person under the age of 18. This is in accordance with Article 1 of the United Nations Convention on the Rights of the Child .  

Child protection: activity or initiative aimed at protecting children from all forms of harm, in particular arising from VAC.

Consent : is the informed choice underlying a person's intention, acceptance or free and voluntary agreement. There can be no consent where such acceptance or agreement is obtained by threat, force or other forms of coercion, kidnapping, fraud, deception or misrepresentation. In accordance with the United Nations Convention on the Rights of the Child, the World Bank considers that consent cannot be given by children under the age of 18, even if the national legislation of the country where the Code of Conduct is introduced considers sexual majority at a younger age. Lack of knowledge of the child's age and the latter's consent cannot be invoked as a means of defense.

Consultant: any firm, company, organization or other institution that has been awarded a contract to provide consultancy services in connection with the project and has hired managers and/or employees to carry out this work.

Contractor: any business, corporation, organization or other institution that has been awarded a contract to provide construction services for the project and has hired managers and/or employees to perform that work. This includes subcontractors hired to perform activities on behalf of the contractor.

Employee : any person who provides labor to the Contractor or Consultant in-country, on-site or off-site, under a contract or labor agreement for a salary, performed formally or informally (including unpaid interns and volunteers), without responsibility for managing or supervising other employees.

SEA/SH and VAC Incident Allegation Procedure : prescribed procedure for reporting SEA/SH or VAC incidents. 

SEA/SH and VAC Code of Conduct : Code of conduct adopted for the project covering corporate commitment and accountability of managers and individuals regarding SEA/SH and VAC.

GBV and VAC Compliance Team (CT): A team set up by the project to deal with SEA/SH and VAC issues.

Grievance Mechanism (GM) : The process established by a project to receive and handle complaints.

Manager : any person offering labor to a contractor or consultant, on site or off, under a formal or informal contract of employment and in exchange for a salary, with the responsibility for controlling or directing the activities of a contractor or consultant's team, unit, division or similar and with responsibility for supervising and managing a predefined number of employees.

Perpetrator: the person(s) who commits or threatens to commit an act or acts of SEA/SH or VAC.

Intervention protocol: mechanisms put in place to intervene in cases of SEA/SH and VAC (see Section 4.7 Intervention protocol).

Survivor(s): the person(s) adversely affected by SEA/SH or VAC. Women, men and children can be survivors of SEA/SH; only children can be survivors of VAC.

Site: the place where the infrastructure development work under the project takes place. Consultancy assignments are considered to have as their site the places where they take place.

Site environment: the “ project area of influence ” which is any place, urban or rural, directly affected by the project, including human settlements.  

  1. Codes of Conduct

This chapter presents three Codes of Conduct to use : 

  1. Company Code of Conduct: Commits the company to addressing SEA/SH and VAC issues ; 
  2. Manager's Code of Conduct: Commits managers to implement the Company's Code of Conduct, including those that are signed by individuals ; and 
  3. Individual Code of Conduct: Code of conduct for everyone working on the project, including managers.

 

 

 

Company Code of Conduct

 

Implementation of ESHS and HST standards

Prevention of gender-based violence and violence against children

 

The company is committed to ensuring that the project is implemented in a way that minimizes any negative impact on the local environment, communities and its workers. To do this, the company will comply with Environmental, Social, Health and Safety (ESHS) standards and ensure that the appropriate Occupational Health and Safety (HST) standards are met. The company is also committed to creating and maintaining an environment in which Sexual Exploitation and Abuse (SEA), Sexual Harassment (SH) and Violence Against Children (VAC) do not take place – they will not be tolerated by any employee, contractor, supplier, associate or representative of the Company.

Therefore, to ensure that everyone involved in the project is aware of this commitment, the company is committed to the following fundamental principles and minimum standards of behavior, which will apply without exception to all employees , associates and company representatives, including contractors and suppliers : 

General

  1. The company - and therefore all employees, associates, representatives, contractors and suppliers - agrees to comply with all relevant national laws, rules and regulations.
  2. The company undertakes to fully implement its “ Entrepreneurs' Environmental and Social Management Plan ” (E-PGES).  
  3. The company is committed to treating women, children (persons under the age of 18) and men with respect, regardless of their race, color, language, religion, political or other opinion, national, ethnic or social origin, level of wealth, disability, citizenship or other status. Acts of Sexual Exploitation and Abuse/Sexual Harassment and VAC constitute a breach of this commitment.
  4. The company ensures that interactions with members of the local community take place with respect and in the absence of discrimination.
  5. Language and behavior that is demeaning, threatening, harassing, abusive, culturally or sexually inappropriate, or provocative is prohibited among all Company employees, associates, and representatives, including contractors and suppliers.
  6. The company will follow all reasonable work instructions (including those relating to environmental and social standards).
  7. The company will protect the assets and ensure their proper use (for example, prohibit theft, negligence, or waste).

Health and Safety

  1. The company will ensure that the project's Occupational Health and Safety (OHS) management plan is effectively implemented by company personnel, as well as contractors and suppliers.
  2. The company will ensure that all persons on the job site wear the appropriate Personal Protective Equipment (PPE) as prescribed, to prevent avoidable accidents and to report conditions or practices that pose a safety risk or threaten the environment.
  3. The company : 
    1. Prohibit the consumption of alcohol during work ; 
    2. Prohibit the use of narcotics or other substances that may impair faculties at any time.

 

  1. The company will ensure that adequate sanitary facilities are available for workers on site and in all project worker accommodation.

Gender-based violence and violence against children

  1.   The actions of SEA/SH and VAC constitute serious misconduct and may therefore result in sanctions, including penalties and/or dismissal, and, if appropriate, referral to the police for further action. .
  2. All forms of SEA/SH and VAC, including the solicitation of children, are unacceptable, whether they take place in the workplace, in the vicinity of the workplace, in work camps or in the local community.
    1. Sexual harassment - for example, making unwanted sexual advances, asking for sexual favors, or engaging in verbal or physical behavior that has a sexual connotation, including subtle acts, is prohibited.
    2. Sexual favors — for example, it is prohibited to promise or perform favors conditioned on sexual acts, or other forms of humiliating, degrading or exploitative behavior.
  1. Any sexual contact or activity with children under the age of 18, including through digital media, is prohibited. Lack of knowledge of the child's age cannot be invoked as a defense. Nor can the child's consent constitute a defense or an excuse.
  2. Unless there is full consent without reservation[16] from all parties involved in the sexual act, sexual interactions between Company employees (at any level) and members of the surrounding communities are prohibited. This includes relationships involving the withholding/promising of a benefit (monetary or non-monetary) to members of the community in exchange for sexual activity – such sexual activity is considered as sexual exploitation and “ non-consensual ” under this Code.  
  3.  In addition to the sanctions applied by the company, legal proceedings against the authors of acts of the SEA/SH or VAC will be initiated, if necessary.
  4.  All employees, including volunteers and contractors, are strongly encouraged to report suspected or actual acts of SEA/SH and/or VAC committed by a colleague, whether at the same company or not. Reports must be submitted in accordance with the project's SEA/SH and VAC Allegation Procedures.
  5.   Managers are required to report suspected or actual acts of SEA/SH and/or VAC and act accordingly, as they are responsible for upholding company commitments and holding their direct reports accountable for such actions. acts.

Implementation

To ensure that the principles set out above are effectively implemented, the company undertakes to ensure that : 

  1. All managers sign the project's “Managers' Code of Conduct ”, which details their responsibilities, including implementing company commitments and enforcing the obligations of the “ Individual Code of Conduct ”.    
  2. All employees sign the project's “ Individual Code of Conduct ” confirming their commitment to comply with ESHS and HST standards, and not to engage in activities resulting in SEA/SH or VAC.  
  3.  Company and individual Codes of Conduct should be prominently displayed in work camps, offices and in public areas of the workspace. Examples of these spaces are the waiting, rest and reception areas of the sites, the canteens and the health centres.
  4.  Posted and distributed copies of the Company Code of Conduct and the Individual Code of Conduct must be translated into the appropriate language used in the worksite areas as well as the native language of any international personnel.
  5.  A designated person should be appointed as the company's " Focal Point " for handling SEA/SH and VAC matters, including representing the company on the Compliance Team (CT) against SEA/SH and the VACs, which is composed of representatives of the client, the contractor(s), the supervision consultant and the local service provider(s).  
  6.  In consultation with the Compliance Team (CT), an effective Action Plan should be developed, which should include at least the following provisions : 
    1. SEA/SH and VAC Incident Allegation Procedure for reporting SEA/SH and VAC incidents through the Complaints Mechanism (Section 4.3 Action Plan) ; 
    2. Accountability and confidentiality measures to protect the privacy of all involved (Section 4.4 Action Plan ) ; and 
    3. The Response Protocol for survivors and perpetrators of GBV and VAC (Section 4.7 Action Plan).
  7.  The company shall effectively implement the final agreed Sexual Exploitation and Abuse (SEA) and Sexual Harassment (SH) and Child Abuse (CVA) Mitigation Action Plan, making informs the Compliance Team (CT) of possible improvements and updates, if necessary.
  8.   All employees must complete an orientation course before commencing work on site to ensure they are aware of the company's commitments to ESHS and HST standards, as well as Codes of Conduct on site and its Sexual Exploitation and Abuse (SEA), Sexual Harassment (SH) and Violence Against Children (VAC) measures.
  9.  All employees must attend a mandatory training course once a month for the duration of the contract, starting with an initial training at the time of entry into service before the start of work, in order to reinforce the understanding of ESHS and HST standards as well as the SEA/SH and VAC measures and Code of Conduct.

I hereby acknowledge having read the above Company Code of Conduct and agree, on behalf of the company, to abide by the standards contained therein. I understand my role and responsibilities to support the Occupational Health and Safety (OHS) standards and the Environmental, Social, Health (ESH) and Safety (ESHS) standards of the project, and to prevent and combat acts of GBV and VAC. I understand that any action inconsistent with this Code of Business Conduct or failure to act in accordance with this Code of Business Conduct may result in disciplinary action.

Company Name :                                                                                                                                                            

Signature:                                                                                                                                                                        

 

Name in full:                                                                                                                                                                    

  

Title :                                                                                                                                                                                 

 

Date:                                                                                                                                                                                 

 

 

 

Manager's code of conduct

Implementation of ESHS and HST standards Prevention of Sexual Exploitation and Abuse (SEA), Sexual Harassment (HS) and Violence Against Children (VAC) 

Managers at all levels should uphold the company's commitment to implement Environmental, Social, Health and Safety (ESHS) standards and Health and Safety requirements in the workplace. Work (HST), as well as to prevent and deal with SEA/SH and VAC. This means that managers have a heavy responsibility to create and maintain an environment that meets these standards and helps prevent SEA/SH and VAC. They must support and promote the implementation of the Company's Code of Conduct. To this end, they must comply with the Manager's Code of Conduct and sign the Individual Code of Conduct. In doing so, they undertake to support the implementation of the Contractors Environmental and Social Management Plan (E-ESMP) and the Occupational Health and Safety (HST) Standards Management Plan, as well as to develop systems that facilitate the implementation of the GBV and VAC Action Plan. They must ensure a safe workplace as well as a SEA/SH and VAC free environment both in the workplace and in local communities. These responsibilities include, but are not limited to : 

Implementation

  1. Ensure maximum effectiveness of the Company Code of Conduct and the Individual Code of Conduct : 
    1. Visibly display the Company Code of Conduct and Individual Code of Conduct by prominently displaying them in work camps, offices and public areas of the workplace. Examples of areas include venue waiting, rest and reception areas, canteens and healthcare facilities ; 
    2. Ensure that all posted and distributed copies of the Company Code of Conduct and Individual Code of Conduct are translated into the appropriate language that is used in the workplace as well as the native language of any international employee.
  2. Explain orally and in writing the Company Code of Conduct and the Individual Code of Conduct to all staff.
  3. Ensure that : 
    1. All direct reports sign the “ Individual Code of Conduct ”, confirming that they have read and agree to it ;   
    2. Staff rosters and signed copies of the Individual Code of Conduct are provided to the OHS manager, the Compliance Team (CT) and the client ; 
    3. Participate in training and ensure that staff also participate, as detailed below ; 
    4. Establish a mechanism for staff to : 

a)       Report concerns regarding compliance with ESHS standards or HST standards requirements ; and 

b)       Confidentially report incidents of GBV or VAC through the Complaints and Grievances Mechanism

  1. Staff members are encouraged to report suspected and proven issues related to ESHS standards and HST requirements, SEA/SH or VAC, emphasizing the responsibility of staff to the company and country where they work and respecting the principle of confidentiality.
  1. In accordance with applicable laws and to the best of your ability, prevent perpetrators of sexual exploitation and abuse from being hired, rehired or deployed. Check the backgrounds and criminal records of all employees.
  2. Ensure that when entering partnership, subcontracting, supplier or similar agreements, these agreements : 
    1. Include in appendices the codes of conduct on ESHS standards, HST requirements, SEA/SH and VAC ; 
    2. Incorporate appropriate language requiring such contracting entities and individuals under contract, as well as their employees and volunteers, to comply with the Individual Code of Conduct ; 
    3. Expressly state that the failure of such entities or individuals, as the case may be, to ensure compliance with ESHS standards and HST requirements ; to take preventive measures to combat SEA/SH and VAC ; to investigate related allegations or take corrective action when acts of SEA/SH and VAC are committed – all of this is not only grounds for sanctions and penalties under individual Codes of Conduct, but also grounds for termination project work or service agreements.   
  3. Provide support and resources to the Compliance Team (CT) on SEA/SH and VAC to create and disseminate internal awareness initiatives through the outreach strategy under the SEA/SH Action Plan against SEA/SH and VAC.
  4. Ensure that any GBV or VAC issues warranting police action are immediately reported to law enforcement[17], the client and the World Bank.
  5.  Report any suspected or proven acts of SEA/SH and/or VAC and respond in accordance with the Response Protocol (Section 4.7 : Response Protocol), as managers have the responsibility to uphold the commitments of the company and to hold their subordinates directly responsible for their actions. 
  6. Ensure that any major incidents related to ESHS standards or HST requirements are reported immediately to the client and the supervising engineer.

Training

  1. Managers are responsible for : 
    1. Ensure that the OHS Standards Management Plan is implemented, accompanied by adequate training for all staff, including contractors and suppliers ; 
    2. Ensure that staff have an adequate understanding of the E-ESMP and receive the necessary training to implement its requirements.
  2.  All managers are required to complete a Manager Induction course before commencing work on site to ensure they are aware of their roles and responsibilities with respect to compliance with both GBV and VAC aspects of these Codes of Conduct. This training will be separate from the pre-service training required of all employees and will provide managers with the proper understanding and technical support needed to begin developing the Action Plan to address issues related to SEA/SH and VAC.
  3. Managers are required to attend and contribute to the monthly training courses facilitated by the project and delivered to all employees. They will be required to present training and self-assessments, including encouraging the compilation of satisfaction surveys to assess satisfaction with the training and to provide advice on how to improve its effectiveness.
  4.  Ensure that there is scheduled time available during working hours for staff to attend the project's mandatory induction training on the following topics : 
    1. HST requirements and ESHS standards ; and 
    2. SEA/SH and VAC ; this training is required of all employees. 
  5.  During civil works, ensure that personnel undergo continuous training on HTS requirements and ESHS standards, as well as the mandatory monthly refresher course required of all employees to deal with the increased risk of SEA/SH and of VAC.

Response

  1.  Managers will need to take appropriate action to respond to any incident related to ESHS standards or HST requirements.
  2. Regarding SEA/SH and VAC : 
    1. Contribute to the Procedures relating to allegations of SEA/SH and VAC (Section 4.2 of the Action Plan) and the Response Protocol (Section 4.7 of the Action Plan) developed by the Compliance Team (CT) in the framework of the final SEA/SH and VAC Action Plan approved ; 
    2. Once adopted by the company, managers will need to apply the Accountability and Confidentiality measures (Section 4.4 of the Action Plan) set out in the SEA/SH and VAC Action Plan, in order to maintain confidentiality about the identity of employees who report or (allegedly) commit acts of SEA/SH and VAC (unless a breach of confidentiality is necessary to protect persons or property from serious harm or if required by law requires) ; 
    3. If a manager has any concerns or suspicions about any form of SEA/SH or VAC committed by one of their direct reports or by an employee working for another contractor in the same workplace, they are required to report the case by referring to complaints mechanisms ; 
    4. Once a sanction has been determined, the managers concerned are supposed to be personally responsible for ensuring that the measure is effectively applied, within a maximum period of 14 days following the date on which the sanction decision was issued ;  
    5. If a manager has a conflict of interest due to personal or family relationships with the survivor and/or abuser, they must inform the company concerned and the Compliance Team (CT) . The company will be required to appoint another manager who has no conflict of interest to handle complaints ; 
    6. Ensure that any SEA/SH or VAC-related issues warranting police action are immediately reported to law enforcement[18], the client, and the World Bank.

 

  1.   Managers who do not address incidents related to ESHS standards or HST requirements, or who fail to report incidents related to SEA/SH and VAC or who do not comply with the provisions relating to SEA/SH and VAC, may be subject to disciplinary action, which will be determined and issued by the CEO, Managing Director or equivalent senior manager of the company. These measures may include : 
  1. The informal warning ; 
  2. The formal warning ; 
  3. Additional training ; 
  4. The loss of a maximum of one week's salary ; 
  5. Suspension of the employment relationship (without pay), for a minimum period of one month and a maximum period of six months ; 
  6. The dismissal.
  1. Finally, the failure of managers or the CEO of the company to respond effectively to cases of violence related to Environmental and Social, Hygiene and Health (ESHS) and Occupational Hygiene and Health standards (HST), and responding to Sexual Exploitation and Abuse (SEA), Sexual Harassment (SH) and Violence Against Children (VAC) in the workplace, may result in legal action before national authorities.

 

I hereby acknowledge that I have read the Manager Code of Conduct above, agree to abide by the standards therein, and understand my roles and responsibilities in preventing and responding to ESHS-related requirements, to HST, SEA/SH and VAC. I understand that any action inconsistent with the Manager's Code of Conduct or failure to act in accordance with this Manager's Code of Conduct may result in disciplinary action.

Signature:                                                                                                                                                                        

 

Name in full:                                                                                                                                                                    

 

Title:                                                                                                                                                                                  

  

Date:                                                                                                                                                                                 

 

 

 

 

 

 

 

 

Individual code of conduct

 

Implementation of ESHS standards and HST requirements

Prevention of Sexual Exploitation and Abuse (SEA), Sexual Harassment (HS) and Violence Against Children (VAC)

 

I, ______________________________________, acknowledge the importance of complying with Environmental, Social, Health (ESH) and Safety (ESHS) standards, to comply with the project's Occupational Health and Safety requirements ( HST) and to prevent Sexual Exploitation and Abuse (SEA), Sexual Harassment (HS) and Violence Against Children (VAC).

The company considers that non-compliance with Environmental, Social, Hygiene (ESH) and Safety (ESHS) standards and Occupational Health and Safety (HST) requirements, or failure to participate in activities to fight against Sexual Exploitation and Abuse (SEA), Sexual Harassment (SH) as well as Violence Against Children (VAC) whether in the workplace – around the workplace, in work camps, workers or in surrounding communities – constitutes serious misconduct and is therefore subject to sanctions, penalties or possible dismissal. Prosecutions can be initiated by the police against the perpetrators of SEA/SH or VAC, if necessary.

While working on the project, I consent to : 

  1. Attend and actively participate in training courses related to Environmental, Social, Health (ESH) and Safety (ESHS) standards, and Occupational Health and Safety (OHS) requirements, HIV/AIDS , SEA/SH and VAC, as required by my employer ; 
  2. Wear my Personal Protective Equipment (PPE) at all times in the workplace or during project-related activities ; 
  3. Take all practical measures to implement the Contractors Environmental and Social Management Plan (E-PGES) ; 
  4. Implement the HST Management Plan ; 
  5. Adhere to a zero-tolerance policy regarding the consumption of alcohol while at work and refrain from consuming narcotics or other substances that may impair my faculties at any time ; 
  6. Let the police check my background; 
  7. Treat women, children (persons under the age of 18) and men with respect, regardless of race, color, language, religion, political or other opinion, national, ethnic or social origin, level of wealth, disability, citizenship or other status ; 
  8. Not address women, children or men with inappropriate, harassing, abusive, sexually provocative, degrading or culturally inappropriate language or behavior ; 
  9. Not engage in sexual harassment – for example, making unwanted sexual advances, asking for sexual favors, or engaging in any other verbal or physical behavior with a sexual connotation, including subtle acts of such behavior (for example, staring at someone one up and down ; kissing or blowing kisses ; making sexual innuendos by making noises ; brushing against someone ; whistling; giving personal gifts ; making comments about someone's sex life, etc.) ;      
  10.  Not engage in sexual favors – for example, making promises or making favorable treatment conditional on sexual acts – or other forms of humiliating, degrading or abusive behavior ;  
  11.   Not engage in sexual contact or activity with children (persons under the age of 18) – including the malicious solicitation of children – or contact through digital media ; ignorance of the child's age cannot be invoked as a defense ; nor can the child's consent constitute a defense or an excuse ;   
  12.  Unless full consent without reservations is obtained[19] of all parties concerned, not to have sexual interactions with members of neighboring communities ; this definition includes relationships involving the refusal or promise to actually provide a benefit (monetary or non-monetary) to members of the community in exchange for sexual activity – such sexual activity is considered  sexual exploitation and “ non-consensual ” for purposes of this Code ;    
  13.   Consider reporting through the complaints and grievances mechanisms or to my manager any suspected or proven cases of SEA/SH or VAC committed by a co-worker, whether or not that co-worker is employed by my company, or any violation of this Code of Conduct.

 

For children under the age of 18 : 

  1. Whenever possible, ensure that another adult is present when working near children.
  2.  Not to invite unaccompanied children unrelated to my family into my home, unless they are at immediate risk of injury or physical danger ; 
  3.  Do not use computers, mobile phones, video devices, digital cameras or any other medium to exploit or harass children or to access child pornography (see also the section " Use of images of 'children for professional purposes ' below) ;   
  4. Refrain from corporal punishment or disciplinary action against children ; 
  5. Refrain from engaging children under the age of 14 for domestic work or any other work, unless national law sets a higher age or exposes them to a significant risk of injury ; 
  6.  Comply with all relevant local laws, including labor laws relating to child labor and World Bank safeguard policies on child labor and minimum age ; 
  7. Take the necessary precautions when photographing or filming children (refer to Annex 2 for further details).

 

Use of images of children for professional purposes

When photographing or filming a child for professional purposes, I must : 

  1.  Before photographing or filming a child, assess and endeavor to respect local traditions or restrictions on the reproduction of personal images ; 
  2. Before photographing or filming a child, obtain informed consent from the child and a parent or guardian ; to do this, I have to explain how the photograph or film will be used ;  
  3.  Ensure that photographs, films, videos and DVDs present children in a dignified and respectful manner, and not in a vulnerable or submissive manner ; children should be dressed appropriately and not strike poses that could be considered sexually suggestive ;  
  4. Ensure images are honest representations of context and facts ; 
  5. Ensure that file tags do not reveal information that identifies a child when sending images electronically.

 

Penalties

I understand that if I violate this Individual Code of Conduct, my employer will take disciplinary action which may include : 

  1. The informal warning ; 
  2. The formal warning ; 
  3. Additional training ; 
  4. Loss of up to one week's salary ; 
  5. Suspension of the employment relationship (without pay), for a minimum period of one month and a maximum period of six months ; 
  6. The dismissal.
  7. Reporting to the police, if applicable.

I understand that it is my responsibility to ensure that environmental, social, health and safety standards are met. That I will comply with the Occupational Health and Safety Management Plan. That I will avoid acts or behaviors that could be construed as SEA/SH and VAC. Any such act will constitute a violation of this Individual Code of Conduct. I hereby acknowledge that I have read the aforementioned Individual Code of Conduct, agree to abide by the standards therein, and understand my roles and responsibilities in preventing and responding to cases related to ESHS standards and requirements HST, SEA/SH and VAC. I understand that any action inconsistent with this Individual Code of Conduct or failure to act in accordance with this Individual Code of Conduct could result in disciplinary action and impact my continued employment.

  Signature:                                                                                                                                                                      

 

  Name in full:                                                                                                                                                                  

 

  Title:                                                                                                                                                                                

 

  Date:                                                                                                                                                                               

 

 

 

GBV and VAC action plan

4.1 The SEA/SH and VAC Compliance Team (CT)

The project will set up an SEA/SH and VAC Compliance Team (CT). It will include, depending on the needs of the project, at least four representatives (“ Focal Points ”), distributed as follows :    

  1. A safeguards specialist, appointed by the PIU 
  2. The occupational health and safety manager appointed by the contractor[28] , or any other person responsible for SEA/SH and VAC matters, having the time and experience necessary to fill this position 
  3. The supervision consultant 
  4. A representative of a local service provider with experience in SEA/SH and VAC (the “ Service Provider ”)

It will be the responsibility of the Compliance Team (CT), with the support of company management, to inform workers of the activities and responsibilities of the CT. To serve effectively within the CT, members should undergo training provided by the local Service Provider prior to the start of their assignment, to ensure that they are fully aware of SEA/SH and protection issues. children.

The CT will be held responsible for: 

  1. Approve any changes to the SEA/SH and VAC Codes of Conduct contained herein, upon World Bank approval of any such change. 
  2. Prepare the Action Plan on prevention and response to SEA/SH and VAC , which includes : 
    1. SEA/SH and VAC Allegation Procedures (see section 4.2) 
    2. Accountability and Confidentiality Measures (see Section 4.4) 
    3. An Outreach Strategy (see section 4.6) 
    4. An Intervention Protocol (see section 4.7)

 

  1. Obtain approval of the SEA/SH and VAC Action Plan from the company's management 
  2. Obtain client and World Bank clearances for the SEA/SH and VAC Action Plan prior to full mobilization 
  3. To receive and ensure the follow-up of the resolutions and sanctions concerning the complaints received in terms of EAS / SH and VAC related to the project ; and 
  4. Ensure that SEA/SH and VAC complaint statistics are up to date and included in regular project reports

 

The Compliance team (CT) will hold quarterly update meetings to discuss ways to strengthen SEA/SH and VAC resources and support for employees and community members.

4.2 Complaint Filing : SEA/SH and VAC Allegation Procedures 

All staff, volunteers, consultants, and contractors are encouraged to report suspected or confirmed cases of SEA/SH and VAC. Managers are required to report suspected or actual cases of SEA/SH and VAC, as they have a responsibility to uphold company commitments and hold their direct reports accountable for adherence to the Individual Code of Conduct.

The project will provide information to employees and the community on how to report violations of the SEA/SH and VAC Code of Conduct through the Grievance Mechanism (GM). The Compliance  Team (CT) will follow up on SEA/SH and VAC Code of Conduct violations reported through the grievance mechanism.

4.3 SEA/SH and VAC complaint handling

All SEA/SH and VAC complaints will be handled following procedures described in the Grievance Mechanisms with strict respect of the confidentiality of information about the incident, its survivor and the alleged perpetrator and following the survivor centered approach. All survivors of SEA/SH and VAC signaled through the GM will be offered referral to GBV service providers identified before the start of project activities in the area of project implementation.

Grievance Mechanism (GM)

The project implements a Grievance Mechanism which is managed by a designated operator of the GM in collaboration with the Project Management Unit. SEA/SH and VAC reports, other complaints or concerns may be submitted online, by phone, by mail or in person.

All SEA/SH and VAC complaints should be immediately reported to the World Bank Task Force by the GM operator, only non-identifiable information should be shared (type of violence, age and sex of survivor, link to the project- if known and whether referral to services had been made).

The GM operator will escalate GBV and VAC related complaints to the Compliance Team (CT) for resolution. In accordance with the SEA/SH Action Plan, the Compliance Team, through the Service Provider and Focal Point(s), will verify the complaint and ultimately propose to the operator of the GM a resolution of the complaint, or will refer to the police, if necessary and with consent of the survivor. The identity of the survivor should be kept confidential during the management of the complaint.

Once the complaint has been processed and verified, the GM operator will notify the complainant, unless the complaint was made anonymously. Complaints addressed to the managers or the Service Provider will be transmitted by the latter to the GM for the purpose of their treatment. The sanctions against the perpetrator will be applied only after the complainant/survivor is aware of the planed actions.

If the complaint is filed with GM by or on behalf of a survivor, the complainant will be referred directly to the Service Provider to receive support services while the Compliance Team (CT ) is also conducting an verification of the link of the complaint to the project.

Service provider

The Service Provider is a local organization that has the experience and capacity to provide support to survivors of SEA/SH. The Client, Contractor(s), and Consultant must establish a working relationship with the Service Provider, so that SEA/SH and VAC cases can be safely referred to them. The Service Provider will also provide support and guidance to SEA/SH and VAC Focal Points, as required. The Service Provider will have a representative on the compliance team and will participate in the resolution of complaints related to SEA/SH and VAC.

Focal points responsible for SEA/SH and VAC within the compliance team (CT)

The CT will confirm that all SEA/SH and VAC related complaints have been referred to the World Bank by the GM operator (or other means).

The CT will review all SEA/SH and VAC related complaints and agree on a resolution plan. The relevant Focal Point will be responsible for the implementation of this plan (i.e. matters relating to the contractor's personnel should be resolved by the latter ; those relating to the consultant's personnel by the consultant and customer personnel matters by the customer). The Focal Point will provide advice to the CT regarding resolution, including referral to the police, if necessary. They will be assisted, if necessary, by the Service Provider.  

All focal points within the CT should be trained and empowered to address SEA/SH and VAC issues. It is essential that all staff within the GM and CT understand the guiding principles and ethical requirements that govern the care of survivors of SEA/SH and VAC. All denunciations must remain confidential and be forwarded immediately to the Service Provider represented within the CT . In cases of SEA/SH and VAC warranting police action[20], Focal Points should, as appropriate, refer the complaint to: i) authorities ; ii) to the Service Provider ; and (iii) management for further action. The client and the World Bank must be informed immediately.   

4.4 Accountability measures and confidentiality

All reports from SEA/SH and VAC must be treated confidentially to protect the rights of all concerned. The client, the contractor and the consultant must maintain the confidentiality of employees who report acts of violence or threats of violence as well as the confidentiality of any employee accused of having committed acts of violence or uttering threats of violence (unless a breach of confidentiality is necessary to protect persons or property from serious harm or when required by law).

To ensure survivors feel comfortable sharing their experience of SEA/SH and VAC, they can report cases of SEA/SH and VAC through a variety of means, including: i) online ; (ii) by telephone ; iii) in person ; iv) with the local Service Provider ; (v) with the manager(s) ; (vi) with village councils ; or (vii) to the police. In order to maintain confidentiality, only the Service Provider will have access to information about the survivor. The CT will be the main Focal Point with regard to information and follow-up of the perpetrator of the violence.       

4.5 Monitoring and evaluation

The CT should follow up on cases that have been reported and keep all reported cases in a preserved and secure place. Monitoring should identify the number of cases that have been reported and the proportion of cases that are handled by the police, NGOs, etc.

These statistics should be provided to the Grievance Mechanism and the supervising engineer for inclusion in their reports.

For all cases of SEA/SH and VAC warranting law enforcement action[21], the client and the World Bank must be notified immediately.

4.6 Outreach Strategy

It is important to have an Awareness Strategy in place that includes activities to educate employees about SEA/SH and VAC in the workplace and their related risks, the provisions of the SEA/SH Codes of Conduct and VAC, Allegations Procedures, Accountability and Confidentiality Measures and Response Protocol. This Strategy will be accompanied by a timetable indicating the various awareness-raising activities through which it will be implemented and the corresponding (planned) execution dates. Awareness raising activities should be linked to training provided by the Service Provider.

4.7 Intervention protocol

The CT will be responsible for developing a written Response Protocol to meet project requirements, in accordance with national laws and protocols. The Response Protocol should include mechanisms for reporting and intervening with perpetrators of workplace violence (see Section 4.9 : Perpetrator Policy and Response). The Response Protocol will include the GM process, to ensure effective and confidential response to SEA/SH and VAC case disclosures. An employee who discloses a case of SEA/SH and VAC in the workplace should be referred to the Grievance Mechanism for reporting.  

4.8 Support measures for survivors

 

It is essential to respond appropriately to the complaints of survivors of violence in a way that respects their choices, in order to minimize the risk of further trauma and violence against survivors. Survivors should be referred to the service provider for appropriate support services in the community – including medical and psychosocial support, emergency accommodation, security, including police protection and support for survivors. livelihoods – facilitating contact and coordination with these services. The client, contractor or consultant may, where possible, provide financial or other support to survivors of SEA/SH and VAC for these services (see Appendix 1 for examples of financial support ).

4.9 Perpetrator Policy and Response

 

Encourage and accept reporting through the GM by employees and community members about perpetrators of workplace violence. Oversee the investigation of such complaints through the Compliance Team (CT) and/or the Service Provider, ensuring procedural fairness for the accused, in compliance with local laws . If an employee breaches the Code of Conduct, the employer will take action which may include : 

  1. Take disciplinary action in accordance with the sanctions set out in the SEA/SH and VAC Codes of Conduct ; 
  2. Report the perpetrator of violence to the police in accordance with local legal paradigms ; and or 
  3. If possible, provide or facilitate counseling services for the perpetrator.

 

5.0 Penalties

 

In accordance with the Code of Conduct, any employee who is a confirmed SEA/SH or VAC perpetrator will be subject to disciplinary measures corresponding to the sanctions and practices agreed upon in the individual Code of Conduct (see Appendix 1 for examples of sanctions). It is important to note that, in each case, disciplinary sanctions are meant to be part of a process which is entirely internal to the employer, which is under the full control and responsibility of its managers and which is carried out in accordance to the national labor legislation in force.

 

This process should be completely independent of any official investigation that the competent authorities (eg the police) may decide to carry out in the context of the same case, and in accordance with the national legislation in force. In addition, internal disciplinary measures that the employer's managers may decide to adopt are meant to be separate from any charges or sanctions that the official investigation may result in (eg monetary fines, detention, etc.).

 

Appendix 1 – Potential Procedures for Responding to SEA/SH and VAC Cases

Accountability measures to maintain confidentiality can be taken through the following actions:

 

  1. Inform all employees that the privacy of the personal information of SEA/HS/VAC survivors is of paramount importance ; 
  2. Train members of the compliance team on empathetic and non-judgmental listening ; 
  3. Take disciplinary action, including up to and including termination, against individuals who breach the confidentiality of the identity of survivors (unless a breach of confidentiality is necessary to protect the survivor). you or any other person from serious harm, or where required by law).

SEA/SH and VAC Allegation Procedures should specify : 

  1. Who survivors can turn to for information and assistance ; 
  2. The process for community members and employees to file a complaint through the GM in the event of an allegation of SEA/SH and VAC ; 
  3. The mechanism by which community members and employees can escalate a request for support or report violence if the whistleblowing process is not effective due to unavailability or non-responsiveness, or if the employee's concern is not resolved.

The support offered by GBV service providers for survivors may include : 

  1. Free of change medical consultation and medical expenses ; 
  2. Free of charge psychosocial support through the process of complaint management;
  3. Free of charge legal aid; 
  4. The provision of safe transportation to access support services or to travel to and from accommodation (if necessary).
  5. The possibility to participate in support groups or other group counselling activities (if available)
  6. Participation in socio-economic activities offered by the service provider (if available)

 

Depending on the rights, needs and wishes of the survivor, survivor support measures to ensure the safety of the survivor, who is an employee, may include[31] : 

  1. The change in the distribution of hours and/or work arrangements of the perpetrator or survivor of the violence 
  2. The reorganization or modification of the tasks of the perpetrator of the violence or the survivor of the violence 
  3. Changing the survivor's phone number or email address to avoid harassment 
  4. The relocation of the survivor or the perpetrator of the violence to another place of work / in alternative premises 
  5. The guarantee of safe transportation to and from work for a specified period 
  6. Support for the survivor to enable him/her to apply for an interim protection order or refer him/her to appropriate support 
  7. Taking any other appropriate measures, including those provided for by existing flexible and family-friendly working arrangements.

Leave options for survivors who are employees may include the following : 

  1. A surviving SEA/SH employee should be able to request paid special leave to attend medical or psychosocial appointments, court proceedings, as well as to move into a safe living environment and to undertake any other family care activities. does SEA/SH 
  2. Any employee who supports an SEA/SH and/or VAC survivor may take compassionate care leave, including but not limited to accompanying them to court or hospital, or to take child care 
  3. Employees who are recruited on a temporary basis could apply for special leave without pay or compassionate care leave without pay to undertake the activities described above. 
  4. The length of leave granted will be determined based on the condition of the individual, after consultation with the employee, Management and the Compliance team (ET), as appropriate

 

Potential sanctions against employee perpetrators of SEA/SH and VAC include : 

  1. The Informal Warning 
  2. The formal warning 
  3. Additional training 
  4. Loss of up to one week's salary 
  5. Suspension of the employment relationship (without pay), for a minimum period of one month and a maximum period of six months 
  6. dismissal 
  7. Referral to the police or other authorities, if necessary.

 

 

 

 

Sample SEA/SH Prevention and Response Action Plan Template

Note:  The activities identified in this sample action plan are only indicative.  Activities should be determined based on the level of risk for the project

Name of project: 

Client Name: 

Level of Risk Identified through Risk Assessment:

 

  1. Introduction

 

[Information about the project.]

 

  1. Contextual SEA and SH Risks

 

[Description of GBV risk factors in the community and how they may contribute to risks of SEA; Description of project risk factors that may contribute to both SEA and SH]

 

  1. Risk Management Systems (status/proposed interventions)

 

[Description of measures to limit, report and follow up on potential cases of sexual exploitation and abuse and sexual harassment cases, including, for example, summary of:  a) Borrower Policies on SEA/SH; b) Code of Conduct; c) Referral Pathways for Survivor Care and Support; d) Safe and Confidential Staff and Community Reporting Mechanisms; e) Accountability and Response Framework.]

 

  1. Action Plan

 

[Description of specific measures for mitigating SEA/SH risks under the project. These include the mitigation measures already in place as well as steps to be undertaken to further mitigate and respond to risks and allegations of SEA and SH in the project sites. The template below is an example only and will need to be adapted and contextualised.]

 

SEA/SH Prevention and Response Action Plan

Workplan

 

Activity to Address SEA/SH risk                                          

Steps to be taken

Timeline

Responsible

Monitoring

(Who will monitor)

Output indicators

Estimated Budgets

 

1

Sensitize Borrower (and, where relevant, Supervising Engineer and Contractor) on the importance of addressing SEA/SH on the project, and the mechanisms that will be implemented

 

Train on SEA and SH to include:

  1. Accountability and response framework
  2. Responsibilities and reporting
  3. Confidentiality and whistle blower protection clauses
  •  

 

 

 

 

 

 

2

Conduct SEA and SH assessment at project sites

 

Conduct an SEA and SH risk assessment in project area to inform risk mitigation strategies, including analysis of GBV issues, services and gaps in services  

  •  

 

 

 

 

 

 

 

 

3

 

Map out GBV prevention and response service providers able to provide care to SEA and SH survivors

a.

Deliver GBV/SEA/SH   interventions by a qualified service provider

  •  

 

 

 

 

 

b.

Map out and review capacity and quality of GBV service providers in the project area able to provide care and support SEA and SH survivors

  •  

 

 

 

 

 

 

 

b.

Stakeholder consultations

  •  

 

 

 

 

 

c.

Develop and or/update a multi-sectoral GBV/SEA/SH referral pathway(s) for all project sites

  •  

 

 

 

 

 

 

 

4

Strengthen Institutional capacity for SEA and SH risk mitigation and response

a.

Engage/hire a GBV/SEA/SH Specialist to supervise and provide technical support for the implementation of SEA/SH Action Plan

  •  

 

 

 

 

 

b.

 

Support capacity of local systems to respond to SEA and SH (e.g. police, health, legal, CDOs, CBOs)

i)Strengthen the reporting mechanisms & procedures   of local systems

ii)Strengthen a survivor centred referral and response.

iii)Strengthen coordination for better services with local/national GBV/SEA service providers

 

 

 

 

 

 

 

5

Integrate SEA and SH  risk management in Borrower’s and  Contractors’ Environment and Social Management Plan (ESMP)

a)

Incorporate SEA and SH risk in the Borrower’s and Contractor’s Environment and Social Management Plan (ESMP)

  • ) 

 

 

 

 

 

b)

Develop and establish/review SEA and SH accountability framework to include: Allegation Procedures to report SEA and SH incidents and internally for case accountability procedures which should clearly lay out confidentiality requirements for dealing with cases

  •  

.

 

 

 

 

6

 Review the Borrower’s and  Contractor’s capacity to prevent and respond to SEA and SH

a)

Review for attention to SEA and SH:

  1. Human resource manuals and staff capacity.
  2. Existing SEA and SH Policies and procedures.
  3. Project code of conduct.
  •  

 

 

 

 

 

 

b)

Recruit/train an officer with GBV/SEA/SH- specific skills to support supervise issues related

 

 

  •  

 

 

 

 

 

c)

Develop M&E programme

  •  

 

 

 

.

 

d)

Conduct SEA and SH orientation training for project staff

  •  

 

 

 

 

 

7

Inform project-affected communities about SE risks

a)

Establish partnerships with CBOs/CSO’s and local government institution

  •  

 

 

 

 

 

b)

Identify, train and establish community focal point for SEA activities

  •  

 

 

 

 

 

c)

Develop Stakeholder Engagement Plan for SEA- related issues

  •  

 

 

 

 

 

d)

Develop information dissemination strategy

  •  

 

 

 

 

 

e)

Develop relevant IEC materials for community engagements

  •  

 

 

 

 

 

f)

Outreach to schools on the risks of SEA

  •  

 

 

 

 

 

 

g)

Conduct community sensitization

  •  

 

 

 

 

 

8

Ensure SEA and SH- sensitive channels for reporting in GRM

a)

Develop/Review GRM for specific SEA/SH procedures

 

 

  •  

 

 

 

 

 

 

b.

Identify and train SEA/SH focal points within the GMC who will be responsible SEA/SH cases and referrals

  •  

 

 

 

 

 

c)

Review GRM reports/logs for SEA/SH sensitivity

 

 

 

 

 

 

9

Define and reinforce SEA/SH requirements in procurement processes and contracts

a.

Incorporate SEA/SH Requirements and expectations in the contractor and consultants’ contracts

  •  

 

 

 

 

 

b.

Allocation of funds for SEA/SH related costs in procurement documents

  •  

 

 

 

 

 

 

c.

Workers (Contractor/consultant) sensitization on SEA and SH

  •  

 

 

 

 

 

d.

Codes of Conduct signed and translated in the local language 

 

 

 

 

 

 

 

 

  •  

 

 

 

 

 

 

10

Separate toilet and shower facilities for men and women and SEA and SH-free signage

a.

Provide separate facilities for men and women and display signs, posters and pamphlets around the project site that signal to workers and the community that the project site is an area where SH is prohibited

 

 

 

 

 

 

 

 

 

 

 

The support offered by GBV service providers for survivors may include : 

 

 

[1] Good Industry Practice International (BPIIC) is defined as the exercise of professional skill, diligence, prudence and foresight which can reasonably be expected from qualified and experienced professionals engaged in the same type of undertaking in the same or similar circumstances globally or regionally. The result of such an exercise should be that the project uses the most appropriate technologies in the specific circumstances of the project.

[2] The obligation to mitigate impacts may include measures to assist project-affected parties to improve or at least restore their livelihoods, as appropriate, in the context of a particular project.

[3] The Borrower will make reasonable efforts to incorporate the costs of offsetting and/or offsetting significant residual impacts into project costs. The environmental and social assessment will consider the significance of these residual impacts, their long-term effects on the environment and those affected by the project, and the extent to which they are deemed reasonable in the context of the project. Where it is determined that it is not technically or financially feasible to offset or offset such residual impacts, the rationale for this determination (including options that have been considered) will be set out in the environmental and social assessment.

[4] These include mainly gender-based violence and sexual exploitation and abuse.

[5] Disadvantaged or vulnerable people are those who are more likely to be adversely affected by the impacts of the project or whose ability to realize the benefits of a project is more limited than others. Such an individual or group is also more likely to be excluded or unable to participate fully in the general consultation process and, as such, may need specific measures and/or assistance to do so. This will take into account age considerations, including the elderly and minors, including where they may be separated from family, community or others on whom they depend.

[6] Due to the complexity of land issues in many contexts and the importance of tenure security to livelihoods, careful assessment and design is required to ensure that projects do not inadvertently compromise legitimate rights. rights (including collective rights, subsidiary rights and women's rights) or have other unintended consequences, especially where the project supports land titling and related issues. In such circumstances, the Borrower will demonstrate, at a minimum, to the satisfaction of the Bank, that applicable laws and procedures, as well as project design features (a) provide clear and adequate rules for the recognition of relevant tenure rights; b) establish fair criteria and functional, transparent and participatory processes for resolving competing land disputes; and (c) make genuine efforts to inform data subjects of their rights and provide access to impartial advice

[7] https://thedocs.worldbank.org/en/doc/fc074f5b6cc1621dc65675bf83c9d0b8-0290032021/original/ESF-Labor-Influx-Good-Practice-Note.pdf

[8] Primary suppliers are those suppliers who, on an ongoing basis, directly supply the project with goods or materials essential to the essential functions of the project. The essential functions of a project constitute the production and/or service processes essential to a specific project activity without which the project cannot continue. This includes all greenhouse gases (GHG) and “black carbon” (BC).

[9] Existing data sources like Demographic Health Study etc. and secondary interviews with service providers and other stakeholders should be prioritized to gather this information. Consultations with women (in small separate groups facilitated by a woman) are encouraged to gather their perception about the risks related to GBV and SEA/SH but those should never include questions about individual experience of violence. The facilitator of such consultation should be able to offer referral to GBV services should anyone disclose experience of violence.

[10] Third parties may include contractors, subcontractors, brokers, agents or intermediaries.

[11] Core functions of a project constitute those production and/or service processes essential for a specific project activity without which the project can continue.

[12] Primary suppliers are those suppliers who, on an ongoing basis, provide directly to the project goods or materials essential for the core functions of the project.

[13] Projects may include the use of community workers in a number of different circumstances, including where labor is provided by the community as a contribution to the project, or where projects are designed and conducted for the purpose of fostering community-driven development, providing a social safety net (for example, food-for-work programs and public works as safety nets programs) or providing targeted assistance in fragile and conflict-affected situations. Given the nature and objectives of such projects, the application of all requirements of ESS2 may not be appropriate. In all such circumstances, the Borrower will require measures to be implemented to ascertain whether such labor is or will be provided on a voluntary basis as an outcome of individual or community agreement.

[14] Migrant workers are workers who have migrated from one country to another or from one part of the country for purposes of employment.

[15] Adapted from 6 types of GBV defined by Gender Based Violence Information Management System- http://gbvims.com/wp/wp-content/uploads/Annex-B-Classification-Tool.pdf

[16] Full consent without reservations in the context of economic and social power differences between the company employees and the community members might be very hard to prove therefor company employees at any level are strongly discourage of initiating any sexual interactions with community members.

[17] Unless there is a mandatory reporting on GBV and VAC in the national legislations any legal action and reporting to the police or authorities should be done only with informed consent of the survivor.

[18] Unless there is a mandatory reporting on GBV and VAC in the national legislations any legal action and reporting to the police or authorities should be done only with informed consent of the survivor.

[19] Full consent without reservations in the context of economic and social power differences between the company employees and the community members might be very hard to prove therefor company employees at any level are strongly discourage of initiating any sexual interactions with community members.

[20] Unless there is a mandatory reporting on GBV and VAC in the national legislations any legal action and reporting to the police or authorities should be done only with informed consent of the survivor.

[21] Unless there is a mandatory reporting on GBV and VAC in the national legislations any legal action and reporting to the police or authorities should be done only with informed consent of the survivor.

"}]}